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EC submission found to not disrupt the proceedings or cause any undue burden or prejudice
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EC provides a different perspective and has a significant interest in the proceedings; parties had opportunity to comment
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Application of test results in finding that EC is suitable to intervene as an NDP only on limited issues
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Exercise of power to allow amicus curiae submission relies on five factors
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Background: EC asks for permission to intervene, proposing to address two issues
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While alleged risk that Sweden may share business information with state-controlled telecoms company is relevant, it can be mitigated by non-disclosure agreement
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Confidentiality clauses in the MNO contracts do not prevent production of unredacted documents, given exceptions for judicial orders
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Claimant’s assessment of redacted information’s relevance cannot be dispositive; personal information of individuals can be redacted
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Huawei is ordered to produce MNO contracts and their components, but not purchase orders
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Sweden’s request falls under procedural provisions on parties’ duty to produce accompanying evidence with their submissions, rather than document production
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Sweden applies for production of 5G contracts; tribunal partially sides with the state, with reasons to follow
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Huawei claims to 5G network are tied to the merits of the claim and cannot be bifurcated
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Objection to the ratione materiae jurisdiction of the tribunal, as pleaded at this stage, is not based on a “serious issue”
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Sweden has the procedural right to bring additional objections at a later stage
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Most neutral manner to examine whether an objection is prima facie serious and substantial is to determine, based on the record as it stands, if an objection raises a “serious issue”
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Tribunal has discretion in deciding bifurcation request; parties agree on three-prong test
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