Summary

Source: icsid.worldbank.org

A. INTRODUCTION

1. In this Procedural Order No. 7, the Tribunal addresses the disputes between the Claimant Bank of Nova Scotia (Scotiabank) and the Respondent Republic of Peru (Peru) concerning a substantial number of documents withheld by each on the basis of alleged privilege and/or confidentiality protections.

B. PROCEDURAL BACKGOUND

2. On 22 September 2025, the Parties exchanged their document production requests. On 16 October 2025, in Procedural Order No. 6, the Tribunal ruled on the disputed document production requests. Paragraph 6 of Procedural Order No. 6 provides as follows:

The Tribunal underscores that it is not ordering the production of any privileged, confidential, or highly sensitive information. Responsive documents containing such information are to be produced, is possible, with such information redacted. If a Party withholds the production of a document or redacts material from a document to protect disclosure of privileged, confidential or highly sensitive information, that Party must produce to the other side a Privilege and Confidentiality Log identifying for each relevant document: (a) the author(s); (b) the recipient(s), specifying which of the recipients are direct recipients and which were copied; (c) the subject matter of the document or redacted portion thereof claimed to be privileged or immune from disclosure; (d) the date; and (e) the basis for the claim of privilege or other immunity from disclosure.

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F. ORDER

51. For the reasons set forth above, the Tribunal orders as follows:

52. Scotiabank's Application is granted in part and Peru is ordered to produce complete unredacted copies of all the Contested Documents other than draft Constitutional Court judgments, opinions and orders in the Default Interest Amparo, with the exception of any draft judgment matching the 2017 Leaked Judgment and related discussion by 4 February 2026, subject to the Parties' negotiating additional confidentiality measures for highly- sensitive documents, with the Tribunal's assistance if so requested;

53. No order is necessary in connection with the Respondent's Application, subject to the Respondent's reservation of rights; and

54. Costs are reserved to a later stage of this arbitration.

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