1. The Estate of Julio Miguel Orlandini-Agreda, 2. Compañía Minera Orlandini Ltda v The Plurinational State of Bolivia PCA Case 2018-39 - Procedural Order No 12 - 01 April 2021
27. The Tribunal notes that in its PO 1, Section 11, it ordered as follows:
11.1 The Parties shall submit a written notice disclosing the use of third party funding to cover the costs of this arbitration and the identity of the third party funder. Such notice shall be sent to the Tribunal once the third party funding agreement has been signed.
11.2 Each Party bears the ongoing duty to disclose any change in the information addressed in Section 11.1 occurred after the initial disclosure, including termination or withdrawal of the funding agreement.
28. In response to the Respondent's application, the Claimants have confirmed that there is no third- party funding agreement, whether in writing or oral, with a third-party funder. In light of that statement, the Tribunal concludes that the Claimants are in compliance with Section 11 of PO 1.
29. The Tribunal does not believe that the Claimants should be required to disclose, at this juncture, the payment and billing arrangements with their counsel. Those arrangements may become relevant at the stage when the Tribunal will need to decide on the allocation of costs and legal fees.
30. The Tribunal notes that the Respondent's request that the Claimants disclose the identity of the persons or entities who have covered the Claimants' costs and fees in this arbitration is rendered moot, for the purposes of this Application, by the Claimants' confirmation that there is no funding agreement with a third-party funder.
31. The Tribunal:
(i) Takes note of the Claimants' statement that there is no funding agreement, whether in writing or oral, with a third-party funder.
(ii) Declines the remaining requests included in the Respondent's Application.