Summary

Source: icsid.worldbank.org

On the Application by the United States of America Regarding a Non-Disputing Treaty Party Submission

I. INTRODUCTION

1. On 11 June 2026, the ICSID Secretariat received, and on the next day transmitted to the Tribunal, a request from the Government of the United States of America ("the United States") pursuant to ICSID Arbitration Rule 68 for:

(a) access to relevant documents filed in this proceeding to enable the United States to assess the treaty interpretation issues raised; and

(b) provision to be made in the procedural calendar for a potential submission by the United States as the Non-Disputing Treaty Party ("NDTP") (the "Request").

2. On 15 June 2026, the Tribunal invited the Parties to provide their comments on:

(a) the United States' request for access to documents; and

(b) the format and scope of any NDTP submission by the United States, to be accommodated within the current procedural calendar and without disruption to the final hearing date (noting that ICSID Arbitration Rule 68 provides that NDTP submissions on treaty interpretation shall be permitted).

3. On 22 June 2026, the Tribunal received the Parties' comments.

4. After considering the Parties' respective positions, the Tribunal issues this Procedural Order No. 5, setting out the Tribunal's decision on the Request.

II. ORDER

5. Subject to signature of undertakings as to confidentiality, data privacy, and cybersecurity in the form set out in Annex A, the United States shall, promptly after filing of the Respondent's Counter-Memorial on the Merits and Memorial on Jurisdiction, be provided with copies of:

(a) Claimant's Request for Arbitration;

(b) Claimant's Memorial on the Merits; and

(c) Respondent's Counter-Memorial on the Merits and Memorial on Jurisdiction.

6. The United States shall be permitted to file a submission on the interpretation of the Treaty between the United States of America and the Republic of Moldova Concerning the Encouragement and Reciprocal Protection of Investment, signed on 21 April 1993 (the "Treaty") ("NDTP submission").

7. Should the United States elect to file an NDTP submission, it shall do so no later than 23 October 2026. Taking into account the requirement of ICSID Arbitration Rule 68(2) that any NDTP participation must not disrupt the proceeding or unduly burden either Party, any NDTP submission by the United States shall not exceed 20 pages.

8. The Parties shall provide any observations on any NDTP submission by the United States in their subsequent pleadings (that is, Claimant's Reply on the Merits and Counter-Memorial on Jurisdiction, due to be filed on 29 January 2027, and Respondent's Rejoinder on the Merits and Reply on Jurisdiction, due to be filed on 2 April 2027).

9. Save for the foregoing, the procedural timetable set out in Procedural Order No. 1, Annex B, Scenario 2 shall remain unchanged. Annex B to this Procedural Order No. 5 sets out the procedural timetable with the inclusion of the new deadline for an NDTP submission.

10. If the United States files an NDTP submission, the Tribunal will invite submissions from the Parties on whether that submission may be published on the ICSID website.

On behalf of the Tribunal,

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