The Lopez-Goyne Family Trust and others v. Republic of Nicaragua - ICSID Case No. ARB/17/44 - CAFTA-DR - Procedural Order No 2 - Decision on Document Production incl. Claimants' Request for Production of Documents (16 September 2020) - 13 November 2020
Country
Year
2020
Summary
Reproduced from www.worldbank.org/icsid with permission of ICSID.
I. INTRODUCTION
1. In accordance with section 16 of Procedural Order No. 1, as amended, the Parties were to exchange requests for production of documents simultaneously, if any, no later than 21 days after the date the Respondent filed its Counter-Memorial (" Request to Produce").
If a Party objected to the production of certain documents, the other party would submit that objection to the decision of the Tribunal pursuant to section 17 of Procedural Order No. 1.
2. On 30 October 2020, both Parties submitted to the Tribunal their requests for production of documents in the form of a Redfern/Stern Schedule ("Document Requests"), in accordance with section 17 of Procedural Order No. 1. Each of the Document Requests contained the requests (including an identification of documents or category of documents requested, relevance and materiality, indication whether the documents were not in the party's possession), the objections by the disputing party and the reply.
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III. THE TRIBUNAL'S DECISION
8. Having considered and discussed the Parties' Document Requests and pursuant to the abovementioned applicable rules, the Tribunal decides on each of the Parties' Document Requests as indicated in the Redfern/Stern Schedules attached to this Procedural Order as Annex A and Annex B.
9. The Parties shall produce the documents ordered by the Tribunal within 14 days of this Procedural Order pursuant to paragraph 17.3 of Procedural Order No. 1, i.e. Friday, 27 November 2020.
On behalf of the Tribunal
[signed]
Prof. Luca G. Radicati di Brozolo
President of the Tribunal
13 November 2020
This document also includes "Claimants' Request for Production of Documents - 16 September 2020"