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Appendix 12 - ASA Special Series No. 43 Confidential and Restricted Access Information in International Arbitration

Author(s): 
ASA - Swiss Arbitration Association
Page Count: 
2 pages
Published: 
February, 2016

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Description: 
 
Appendix 12
 
IN THE MATTER OF CASE No. *************
BEFORE THE INTERNATIONAL CENTRE FOR SETTLEMENT OF
INVESTMENT DISPUTES
 
BETWEEN:
 
T************************** (*************)
Claimant
 
- and –
 
THE REPUBLIC *************
Respondent
 
CONFIDENTIALITY UNDERTAKING
 
In respect of any information or documentation that is (1) disclosed or
produced by ******** pursuant to Document Request 7 of
T*************************** (*******) and (2) subject to security
classification, the undersigned and S**** *** and ******* (“*****”)
hereby solemnly undertake that:
(i) They will not use any such information or documentation in
any context other than these ICSID arbitration proceedings;
(ii) They will strictly respect the confidentiality of any security
classified information or documentation produced and will
not share such information and documents with any person
other than as described in this undertaking;
(iii) They will not make any copies of the documentation
produced except in order to submit it as evidence in the
present arbitration and will keep it separate from their own
documents at S** *** premises in ***** , ** *** or ** ***;
and
(iv) They will destroy the documents provided if they are not
used as evidence in a subsequent written pleading as
scheduled by the Tribunal prior to the Hearing on the merits
(** *** 20*** to *** ** 20***** ) and will destroy any copies