Summary

Source: icsid.worldbank.org

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III. TRANSPARENCY AND CONFIDENTIALITY RULES

10. The Tribunal adopts the following transparency and confidentiality rules governing the proceedings.

AWARD (ICSID ARBITRATION RULE 62)

11. For the purposes of Article 48(5) of the ICSID Convention and ICSID Arbitration Rule 62, the Parties consent to publication of the Award, and any supplementary decision on an Award, rectification, interpretation or revision of an Award, and decision on annulment, by ICSID on its website, with any redactions agreed by the Parties.1 The Parties shall provide ICSID with their jointly redacted text within 60 days after the dispatch of such documents.

12. If the Parties do not agree on a jointly redacted text of the documents referred to in paragraph 11, they shall, within 60 days after the dispatch of such documents, inform ICSID and provide their respective proposals for redaction. The final redactions shall be decided in accordance with paragraph 26.

ORDERS AND DECISIONS (ICSID ARBITRATION RULE 63)

13. ICSID shall publish the orders and decisions of the Tribunal, with any redactions agreed

by the Parties or decided by the Tribunal, in accordance with Section G below.

WRITTEN SUBMISSIONS (ICSID ARBITRATION RULE 64)

14. The Parties' written submissions shall not be published by ICSID or otherwise made public unless the Parties agree otherwise.

SUPPORTING DOCUMENTS (ICSID ARBITRATION RULE 64)

15. Supporting documents, including exhibits, legal authorities, witness statements and expert reports (including annexes, appendices or exhibits thereto) shall not be published by ICSID or otherwise made public.

OPEN HEARINGS (ICSID ARBITRATION RULE 65(1)-(2))

16. Hearings shall not be open to the public.

TRANSCRIPTS AND RECORDINGS OF HEARINGS (ICSID ARBITRATION RULE 65(3))

17. Transcripts and recordings of hearings shall not be published by ICSID or otherwise made public unless the Parties agree otherwise.

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