PROCEDURAL ORDER NO. 10 - World Bankicsidfiles.worldbank.org/icsid/ICSIDBLOBS/Online... · Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. v. Romania ICSID Case No. ARB/15/31

Gabriel Resources Ltd. and Gabriel Resources (Jersey) Ltd. v. Romania

ICSID Case No. ARB/15/31

Claimants’ Requests for Production of Documents

PROCEDURAL ORDER NO. 10 – ANNEX A

TRIBUNAL’S DECISIONS ON CLAIMANTS’ REQUESTS FOR PRODUCTION OF DOCUMENTS DATED 08 JUNE 2018

Respondent’s Preliminary Comments Claimants’ Preliminary Responses




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1 2 3 4 5 6

No. Documents9 or Category of Documents Requested

Relevance and Materiality According to Requesting Party

Response/Objections to Document Requests

Reply to Objections to

Document Request

Tribunal’s Decision

Comments

Granted.

.




9

1 2 3 4 5 6





Document Request


Comments




10

1 2 3 4 5 6





Document Request


Comments

-




11

1 2 3 4 5 6





Document Request


Comments

–

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Rejected. The request is directed to proving a negative.




12

1 2 3 4 5 6





Document Request


Comments

Granted.




13

1 2 3 4 5 6





Document Request


Comments

-

-

-




14

1 2 3 4 5 6





Document Request


Comments

-

Granted.




15

1 2 3 4 5 6





Document Request


Comments

– –

- - -




16

1 2 3 4 5 6





Document Request


Comments

-

- -

-




17

1 2 3 4 5 6





Document Request


Comments

-

– –

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Granted as specified by Claimants.




18

1 2 3 4 5 6





Document Request


Comments

- -





19

1 2 3 4 5 6





Document Request


Comments

– –

–

Respondent’s statement that it does not have any documents in its possession, custody or control responsive




20

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Document Request


Comments

-

to this request is noted.

8.

Regarding Request no. 8(i), Respondent’s statement that it does not have any responsive documents in its possession, custody or control is noted. Regarding Request




21

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Document Request


Comments

–

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no. 8(ii), Claimants’ agreement to witndraw the request is noted. Request no. 8(iii) is granted.




22

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Document Request


Comments

-

.




23

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Document Request


Comments

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Requests nos 9(i) to (iii) are granted. Respondent’s agreement to produce the requested document in response to Request no. 9(iv) is noted. Respondent’s statement that it does not have any documents in its possession, custody or control responsive to Request no. 9(v) is noted.




24

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Document Request


Comments

-

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-

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-

-

-

-




25

1 2 3 4 5 6





Document Request


Comments

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Rejected. The request is overly broad. Respondent’s agreement to produce




26

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Document Request


Comments

other letters from TAC members in response to that 14 June 2013 letter is noted.




27

1 2 3 4 5 6





Document Request


Comments




28

1 2 3 4 5 6





Document Request


Comments

-

.

Granted only with respect to Request no. 11(i). Respondent’s statement that it does not have any documents in its possession, custody or control responsive to Request no. 11(ii) is noted.




29

1 2 3 4 5 6





Document Request


Comments




30

1 2 3 4 5 6





Document Request


Comments

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Rejected. The request is overly broad.




31

1 2 3 4 5 6





Document Request


Comments

Respondent is requested to substantiate its objection based on Article 9(2)(f) of the IBA Rules in accordance with




32

1 2 3 4 5 6





Document Request


Comments

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paras 54 and 55.5 of PO 10.




33

1 2 3 4 5 6





Document Request


Comments

Granted subject to limiting the request in terms of time and in terms of specific government agencies.




34

1 2 3 4 5 6





Document Request


Comments

Granted.




35

1 2 3 4 5 6





Document Request


Comments

- - -

Granted.




36

1 2 3 4 5 6





Document Request


Comments

-

-

–

–

-




37

1 2 3 4 5 6





Document Request


Comments

-

-




38

1 2 3 4 5 6





Document Request


Comments

-

Respondent’s agreement to produce the requested document is noted.




39

1 2 3 4 5 6





Document Request


Comments




40

1 2 3 4 5 6





Document Request


Comments

-

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Requests no. 18(i) is rejected. Requests nos 18(ii) to (vi) are granted.




41

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Document Request


Comments

-




42

1 2 3 4 5 6





Document Request


Comments

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Respondent’s agreement to produce the requested documents is noted.




43

1 2 3 4 5 6





Document Request


Comments

-

- -

-





44

1 2 3 4 5 6





Document Request


Comments

-

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Granted.




45

1 2 3 4 5 6





Document Request


Comments

– –

Granted.




46

1 2 3 4 5 6





Document Request


Comments

-




47

1 2 3 4 5 6





Document Request


Comments

-

-

Granted.




48

1 2 3 4 5 6





Document Request


Comments

-

-




49

1 2 3 4 5 6





Document Request


Comments

.





50

1 2 3 4 5 6





Document Request


Comments

– –

- - -




51

1 2 3 4 5 6





Document Request


Comments

Granted but limited to documents of the Geological Institute’s scientific council making an assessment of the Project.




52

1 2 3 4 5 6





Document Request


Comments

-

-




53

1 2 3 4 5 6





Document Request


Comments

-

-

Granted.




54

1 2 3 4 5 6





Document Request


Comments

-




55

1 2 3 4 5 6





Document Request


Comments




56

1 2 3 4 5 6





Document Request


Comments

-

Granted.




57

1 2 3 4 5 6





Document Request


Comments

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Regarding Request no. 28(i), Respondent’s agreement to produce the requested document is noted. Requests nos 28(ii) and (iii) are granted as specified. Request no. 28 (iv) is granted.




58

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Document Request


Comments

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Granted.




59

1 2 3 4 5 6





Document Request


Comments

-

-




60

1 2 3 4 5 6





Document Request


Comments

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Requests nos 30(i), (ii) and (v) are granted. Request no. 30(iii) is granted as specified by Claimants. Request no 30 (iv) is rejected.




61

1 2 3 4 5 6





Document Request


Comments

– –




62

1 2 3 4 5 6





Document Request


Comments

-

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Request no. 31(i) is granted. Requests nos 31(ii) and (iii) are granted as specified.




63

1 2 3 4 5 6





Document Request


Comments

-

– –

-




64

1 2 3 4 5 6





Document Request


Comments

32.

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Regarding Rquest no. 32(i), Respondent’s agreement to produce the requested document “if and when it localtes the document” is noted. Request no. 32(ii) is granted as specified.




65

1 2 3 4 5 6





Document Request


Comments




66

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Document Request


Comments

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Regarding Requests nos 33(i) to (iii), the Tribunal notes Respondent’s statement that it does not have any documents responsive to such requests. The request is granted only with respect to the documents identified by Claimants.




67

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Document Request


Comments

The Tribunal notes Respondent’s agreement to produce two documents responsive to this request. Granted only with respect to the letter specified by Claimants referenced in Exh. R-294 at 10.




68

1 2 3 4 5 6





Document Request


Comments

Granted only with respect to the Approval Report for Minister of Culture Order No. 2407 dated 4 October 2006 terminating the Alburnus Maior Program.




69

1 2 3 4 5 6





Document Request


Comments

-




70

1 2 3 4 5 6





Document Request


Comments




71

1 2 3 4 5 6





Document Request


Comments

-

-





72

1 2 3 4 5 6





Document Request


Comments

-




73

1 2 3 4 5 6





Document Request


Comments

Granted.




74

1 2 3 4 5 6





Document Request


Comments

-

-

.




75

1 2 3 4 5 6





Document Request


Comments

- -




76

1 2 3 4 5 6





Document Request


Comments

Granted subject to limiting Requests nos 38(i) to (iii) in terms of time and Request no. 38(ii) also in terms of specific government agencies.




77

1 2 3 4 5 6





Document Request


Comments

-




78

1 2 3 4 5 6





Document Request


Comments

Granted only with respect to Requests nos 39(i) and (ii).




79

1 2 3 4 5 6





Document Request


Comments

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Respondent’s agreement to produce




80

1 2 3 4 5 6





Document Request


Comments

the requested document is noted.

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Request no. 42(i) is granted as specified by Claimants. Request no. 42(ii) is granted. Claimants’ agreement to withdraw Request no. 42(iii) is noted. Regarding Request no. 42(iv), Respondent is requested to conduct




81

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Document Request


Comments

a reasonable search for the original attachment to the document produced as Exh. DD-30.




82

1 2 3 4 5 6





Document Request


Comments




83

1 2 3 4 5 6





Document Request


Comments





84

1 2 3 4 5 6





Document Request


Comments





85

1 2 3 4 5 6





Document Request


Comments

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Granted.




86

1 2 3 4 5 6





Document Request


Comments


Respondent’s production of the requested Exposition of Reasons is noted.




87

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Document Request


Comments

-





88

1 2 3 4 5 6





Document Request


Comments

Granted but limited to documents in NAMR’s possession.




89

1 2 3 4 5 6





Document Request


Comments

-

.

Granted.




90

1 2 3 4 5 6





Document Request


Comments

-

-

-




91

1 2 3 4 5 6





Document Request


Comments

–

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92

1 2 3 4 5 6





Document Request


Comments

–

– –

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Granted.




93

1 2 3 4 5 6





Document Request


Comments

-

Granted.




94

1 2 3 4 5 6





Document Request


Comments




95

1 2 3 4 5 6





Document Request


Comments

-

-





96

1 2 3 4 5 6





Document Request


Comments




97

1 2 3 4 5 6





Document Request


Comments

-

Granted only with respect to Request no. 54(i) and Requests nos 54(ii) to (iv) as specified.




98

1 2 3 4 5 6





Document Request


Comments

-




99

1 2 3 4 5 6





Document Request


Comments

Granted only with respect to Requests nos 55(i) to (iii) and subject to Request no. 55(iii) being limited to certain public authorities.




100

1 2 3 4 5 6





Document Request


Comments

-

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-




101

1 2 3 4 5 6





Document Request


Comments

Granted only with respect to Requests nos 56(i) to (iii) and subject to Request no. 56(iii) being limited to specific public authorities and in terms of time.




102

1 2 3 4 5 6





Document Request


Comments

Granted only with respect to Requests nos 57(i) to (v) and subject to Requests




103

1 2 3 4 5 6





Document Request


Comments

nos 57(ii) to (v) being limited to specified public authorities and in terms of time.




104

1 2 3 4 5 6





Document Request


Comments

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Granted.




105

1 2 3 4 5 6





Document Request


Comments





106

1 2 3 4 5 6





Document Request


Comments

.

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Granted.




107

1 2 3 4 5 6





Document Request


Comments

Granted.




108

1 2 3 4 5 6





Document Request


Comments

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109

1 2 3 4 5 6





Document Request


Comments

Granted.




110

1 2 3 4 5 6





Document Request


Comments




111

1 2 3 4 5 6





Document Request


Comments

–

– –




112

1 2 3 4 5 6





Document Request


Comments




113

1 2 3 4 5 6





Document Request


Comments




114

1 2 3 4 5 6





Document Request


Comments

Granted.




115

1 2 3 4 5 6





Document Request


Comments

-




116

1 2 3 4 5 6





Document Request


Comments

Granted.




117

1 2 3 4 5 6





Document Request


Comments

-

Granted.




118

1 2 3 4 5 6





Document Request


Comments

Granted.

Granted.




119

1 2 3 4 5 6





Document Request


Comments

Granted.

Claimants’ decision to withdraw this request is noted.




120

1 2 3 4 5 6





Document Request


Comments

Granted.

71.

Granted.




121

1 2 3 4 5 6





Document Request


Comments

-

Granted.




122

1 2 3 4 5 6





Document Request


Comments

Granted.

Granted.




123

1 2 3 4 5 6





Document Request


Comments

-

Granted.

Granted.




124

1 2 3 4 5 6





Document Request


Comments

-

-

- -

Granted.




125

1 2 3 4 5 6





Document Request


Comments

Granted.

Granted.

Granted.




126

1 2 3 4 5 6





Document Request


Comments

-


Granted.




127

1 2 3 4 5 6





Document Request


Comments

-

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Claimants’ statement that they have requested clarifications from Respondent on the specified issues or that it completes production is noted.




128

1 2 3 4 5 6





Document Request


Comments

-





129

1 2 3 4 5 6





Document Request


Comments

-

-




130

1 2 3 4 5 6





Document Request


Comments

-

-




131

1 2 3 4 5 6





Document Request


Comments

Respondent’s production of the requested documentation is noted. Respondent is requested to identify which of its experts in this arbitration have received the produced document.




132

1 2 3 4 5 6





Document Request


Comments

Claimants’ decision to withdraw this request is noted.

Granted.




133

1 2 3 4 5 6





Document Request


Comments





134

1 2 3 4 5 6





Document Request


Comments

-