Apotex Holdings Inc. and Apotex Inc. v. United States of America (ICSID Case No. ARB(AF)/12/1), Procedural Order Concerning Production of Documents (July 5, 2013)
I. Introduction
1. Pursuant to Paragraph 14.2.7(v) of the First Procedural Order, the Claimants and the Respondent submitted to the Tribunal on 15 March 2013 disputes under their respective requests for document production for decision by the Tribunal as set out in their respective schedules (the “March Schedules”), such decision to be issued on 29 March 2013 in accordance with the procedural time-table fixed by Paragraph 14.2.7(vi) of the First Procedural Order.
2. On 29 March 2013, the Tribunal issued its Procedural Order with regard to the Parties’ respective requests for document production in these arbitration proceedings (the “March Order”).
3. The Tribunal there decided (inter alia) that as regards the privilege or privileges invoked or to be invoked by the Claimants and the Respondent, each side should prepare a privilege log identifying, by reference to any ordered document or (if not an identified document) any narrow and specific category of documentation, the particular privilege invoked by that side in relation to such document or documentation.
4. The Tribunal also decided that the requesting Party should have an opportunity to respond in writing to such privilege log, with the responding Party being afforded a brief opportunity to reply to such response, also in writing.
5. The Tribunal further requested the Parties to consult amongst themselves with a view to agreeing upon a time-table for the exchange of these privilege logs, further submissions and certifications.
6. On 26 April 2013, the Parties informed the Tribunal that they had agreed upon an approach to complete the procedure for document production, as well as a time-table for the exchange of privilege logs, further submissions and certifications. The Parties further agreed upon a time-table that they proposed to the Tribunal with dates remaining to be fixed. The Parties confirmed that the remainder of the procedural time-table (including the hearing dates), as fixed in paragraph 14.2.7 of the First Procedural Order would remain unchanged.