Huawei Technologies Co., Ltd. v Kingdom of Sweden ICSID Case No. ARB/22/2 - Procedural Order No 4 - 21 July 2023
Country
Year
2023
Summary
Source: icsid.worldbank.org
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V. ORDER
75. For the reasons set out above, the Tribunal: i. Orders the Claimant to produce immediately unredacted versions of Exhibits C-319 to C-325 in full (including their amendments, annexes, appendices, and/or schedules), the 2020 contract with Hi3G stated to be "awarded but not signed" (in the Claimant's Memorial in paragraph 280 and Appendix I); and Appendices 1-8 to the Telia Master Agreement (collectively the "Documents"), except for:
a) Purchase orders, which need not be produced at this juncture;
b) Personal information and contact details of individuals (i.e., natural persons), which can remain redacted; and
c) Any amendments, annexes, appendices, and/or schedules identified in Annex A to the Response: (i) marked as "intentionally deleted" to the extent that the Claimant has confirmed that such marking "formed part of the original contract"; or (ii) that the Claimant has confirmed "could not be found despite a thorough search".
ii. Directs the Claimant to produce the Documents only to the Tribunal and the Respondent's counsel team of Arnold & Porter, which may transmit the Documents to the Respondent's experts. The members of the Office of the Chancellor of Justice of Sweden and any other of the Respondent's representatives may only access the Documents upon providing a written undertaking to the Tribunal and the Claimant, according to which they will not disclose the Documents and any of their content outside this arbitration to any public or private entity, nor to any individual.
iii. Denies the Respondent's requests at paragraphs 71.b and 71.c of the Reply.
iv. Reserves its decision on costs.
v. Denies all other prayers for relief.
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