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Broad description of searches conducted, coupled with failure to identify personnel whose documents were reviewed, databases and correspondence searched, and search terms used, indicate Mexico’s failure to prove that an appropriate methodology for document production was used
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Explanations and assurances regarding document production must demonstrate that a robust, appropriate, and diligent process was implemented to search for and produce all relevant documents
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Comparison to number of documents produced in another investment arbitration with similar requests is irrelevant to claim that respondent’s document production is incomplete
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Standard for document production is set out in previous procedural order; IBA Rules on the Taking of Evidence are relevant
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NDP should be granted access to list of exhibits, to make sure its submission is not duplicative of existing record
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Human rights and environmental law group has no significant interest in the dispute
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Petitioners can bring specific insight on factual issues, but arbitrators will be sufficiently briefed on legal issues by the parties’ teams of experienced counsel
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Applicable ICSID arbitration rule only contemplates filing of written submission
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Tribunal hearing taximeter arbitration submits post-hearing questions to parties
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Tribunal hearing Coeur Mining v. Mexico arbitration rules on confidentiality, as hearing draws closer
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Upon expiration of confidentiality agreement over USMCA negotiating documents, tribunal leaves issue of confidentiality to the parties
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Tribunal clarifies scope of document production requests
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Background: Claimant seeks access to USMCA negotiation documents to assess ratione temporis scope of NAFTA legacy provision
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Expert reports filed with NDP submission does not allow for cross-examination, thus posing risk of disruption of the proceedings and breach of due process
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Tribunal expresses sympathy towards legal experts’ submissions on “novel or complex questions”
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Tribunal sees no rule against submission on evidence on legal matters
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Parties to prepare and publish summaries of their positions on the merits and jurisdiction
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Tribunal’s decisions and orders will be published, but not parties’ written submissions and hearing transcripts
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Under 2006 Rules, tribunal has discretion to rule on transparency regime
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