Summary

Reproduced from www.worldbank.org/icsid with permission of ICSID.

I. Procedural Background

1. On February 25, 2021, the Claimants requested that the Tribunal sign two declarations attached to two Protective Orders (the "Declarations"). Separately, the Claimants also requested that the Respondent sign such Declarations.

2. The Claimants indicated that they intended to submit with their Reply documents and transcripts of depositions produced by third parties as part of a discovery in pending bankruptcy proceedings (the "Chapter 15 Discovery"). The use of those materials in this arbitration is subject to two Confidentiality Agreements entered into between one of the Claimants on behalf of all Claimants and the third parties of the Chapter 15 Discovery. These Confidentiality Agreements were stipulated into two Protective Orders requiring that any other entity, person or representative who is allowed to view the evidence produced subject to the Protective Orders must execute the Declarations attached to those Orders. According to the Declarations, its signatories, among others, submit to the jurisdiction of the U.S. District Court for the Southern District of New York with respect to the provisions of the Protective Orders.

3. On March 4 and 10, 2021, the Respondent objected to signing the Declarations and requested guidance from the Tribunal and that the Tribunal indicate whether it intended to sign the Declarations.

4. On March 8, 2021, the Claimants asked the Tribunal to order the Respondent to sign the Declarations, or alternatively, to be granted an extension to provide the Respondent with a redacted version of its Reply.

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