South American Silver Limited v. Bolivia, UNCITRAL, PCA Case No. 2013-15, Procedural Order No. 7 (July 7, 2015)
I. Introduction
1. In accordance with the procedural calendar set forth in the PCA’s letter dated June 19, 2015, and pursuant to paragraph 4.1 of Procedural Order No. 1, on July 7, 2015, the Parties referred their respective pending document production requests to the Tribunal for decision.
2. The requests were made on the basis of Section 5 of Procedural Order No. 1 and taking into account the 2010 IBA Rules on the Taking of Evidence in International Arbitration (“the IBA Rules”).
3. The Tribunal has revised: (1) the Claimant’s request for document production, the Respondent’s objections and the Claimant’s reply to said objections, which appear in the Redfern Schedule prepared by the Claimant (the “RDT”); (2) the Claimant’s letter of July 7, 2015, with its comments on document production; (3) the Respondent’s request for document production, the Claimant’s objections and the Respondent’s reply to said objections, which appear in the Redfern Schedule prepared by the Respondent (the “RDD”); and (4) the Respondent’s letter of July 7, 2015, with its comments on document production.
4. Pursuant to Articles 17.1 and 27.3 of the UNCITRAL Arbitration Rules (as revised in 2010) (the “UNCITRAL Rules”), which govern this arbitration, the Tribunal enjoys wide discretion regarding document production. Likewise, pursuant to paragraph 5.3.6 of Procedural Order No. 1, the Tribunal may refer to the IBA Rules when deciding on document production requests.
5. In consideration of the foregoing, the Tribunal will: (i) address the basic general premises that serve as basis and motivate its decisions regarding the Parties’ respective document production requests; and (ii) decide on each document production request in accordance with the terms of the RDT and the RDD annexed to this Procedural Order.