Zeph Investments Pte Ltd v The Commonwealth of Australia - PCA Case No 2023-40 - Procedural Order No 2 - Claimant's Interim Measures Application - 17 November 2023
Country
Year
2023
Summary
PROCEDURAL BACKGROUND
On 4 August 2023, the Claimant filed an application for interim measures ("IMA") in accordance with the Procedural Calendar.
On 15 September 2023, the Respondent submitted its response to the IMA ("IMA Response").
On 27 September 2023, the Claimant submitted its reply ("IMA Reply").
On 9 October 2023, the Respondent submitted its rejoinder ("IMA Rejoinder").
On 18 October 2023, in accordance with the Procedural Calendar in Annex 1 to Procedural Order No. 1, the Parties and the Tribunal held a hearing by videoconference on the IMA ("Hearing").
This Order decides the IMA.
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C. ORDER
For the reasons set out above the Tribunal:
i. Denies the interim measures requests, save for the Confidentiality Request, which will be determined, if necessary, once the transparency/confidentiality regime to govern these proceedings is set in accordance with Section 18.2 of the Terms of Appointment.
ii. Orders the Respondent to:
a. Promptly inform the Claimant and the Tribunal of any action taken by WA or the Commonwealth that could reasonably be deemed contrary to the Undertaking. This includes any steps toward enforcing the Indemnities (against the Claimant, Mr. Palmer, or the Subsidiaries), transferring that enforcement right to the Commonwealth, or invoking the Henry VIII Clause.
b. Promptly notify the Claimant and the Tribunal whenever it asserts privilege or otherwise takes steps to protect confidential information in the possession of Mr. Porter, which relates to the present dispute.
iii. Reminds the Parties of their duty to arbitrate in good faith, which includes the obligation to refrain from conduct that may undermine the fairness and integrity of the proceedings.
iv. Reserves its decision on costs.
Seat of the arbitration: Geneva, Switzerland
Date: 17 November 2023
On behalf of the Tribunal
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