Reproduced from www.worldbank.org/icsid with permission of ICSID. 2
While they agree on some aspects of the transparency/confidentiality regime to govern these proceedings, the Parties diverge on others. In this order, the Tribunal will resolve these divergences and determine the rules on transparency and confidentiality applicable to this arbitration. For this purpose, it will first focus on the legal framework (A). Then it will review the divergences in respect of the elements of the proceedings to be disclosed (B) and of the exceptions to disclosure (C). The applicable transparency/confidentiality rules are reproduced in Annex I.