Summary

Source: icsid.worldbank.org

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IV. DECISION

22. Accordingly, the Tribunal decides that the confidentiality order should read as follows:

(a) Unless otherwise agreed by the Parties, orders, decisions, documents filed in the proceedings, and recordings of hearings, covered by ICSID Rules 62-66, shall be treated by the Parties as confidential and protected information within the meaning of Rule 66(e) and not publicly disclosed unless and until published by the Centre and then only insofar as published. The Tribunal will decide on any disputed redactions consistent with the provisions of the Rules.

(b) Unless otherwise agreed by the Parties, pleadings, written memorials, witness statements and expert reports submitted in these proceedings by a Party shall be treated as confidential and protected information within the meaning of Rule 66 by the other Party and must not be publicly disclosed without the permission of the submitting Party.

(c) As agreed by the Parties, correspondence (i) between the Parties and (ii) between the Parties and the Tribunal, exchanged in relation to the proceedings, shall be treated as confidential and protected information within the meaning of Rule 66(e), and shall not be publicly disclosed.

(d) Unless otherwise agreed by the Parties, any documents produced in these proceedings by a Party, whether pursuant to a disclosure exercise or otherwise, shall be treated as confidential and protected information within the meaning of Rule 66 by the other Party and not publicly disclosed without the permission of the submitting Party.

(e) Notwithstanding the foregoing, the following documents are not to be treated as confidential or protected information and may be publicly disclosed:

i. The undertakings signed by [...] and [...], the statement signed by [...], and any document that the Respondent may hereafter issue to protect the interests of the Claimant in relation to the enforcement of the May 2023 Judgment if and to the extent necessary to protect such interests;13

ii. Documents that would otherwise be treated as confidential and protected information and restricted from public disclosure, to their relevant experts or witnesses for the purpose of preparing, respectively, expert reports or witness statements, provided such reports or statements are to be produced in these proceedings and subject to the prospective witness or expert undertaking in writing in advance to the Party for which he is giving evidence to keep the materials confidential and to use them only for the purposes of giving evidence in this arbitration;

iii. Any document or information that is in the public domain other than as a result of a breach by a Party of this Order;

iv. Any document to be produced before a national or international tribunal, an international organization or organ thereof, as well as in respect of the operation of diplomatic activity of the country of the Claimant's nationality, in relation to the May 2023 Judgment; and

v. Any subsequent order that the Tribunal may issue on application of a Party, and after hearing from the other Party, to avoid aggravation of the dispute, prevent undue pressure on a Party, render the resolution of this dispute more difficult, threaten the integrity of these proceedings, or circumvent the terms of this Order or any other order of the Tribunal dealing with matters of confidentiality, disclosure, or transparency.

(f) For the avoidance of doubt, nothing in this Order shall limit or prohibit:

i. The Parties from engaging in discussion about the case in public or public disclosure of the May 2023 Judgment, including its reasoning and any actions or undertakings relating to it; and

ii. The administration of the proceedings by the Centre.

13 Paragraph (f) of the proposed Order. This language reflects the Tribunal's understanding that the Respondent, in its submission of April 10, 2025, agreed to the language proposed by Claimant.

V. ORDER

23. For the foregoing reasons, it is so ordered. The provisions of this Order shall apply to all documents in this proceeding, regardless of when submitted or produced.

On behalf of the Tribunal,

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