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Appendix 22 - ASA Special Series No. 43 Confidential and Restricted Access Information in International Arbitration

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

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Appendix 22
 
Arbitral Tribunal Constituted Pursuant to Article 287 of the United Nations Convention on the Law of Sea and in Accordance with Annex VII thereto, In the matter of an Arbitration between GUYANA and SURINAME, Order No. 1 of 18 July 2005, Access to Documents
 
ARBITRAL TRIBUNAL CONSTITUTED PURSUANT TO ARTICLE
287 OF THE UNITED NATIONS CONVENTION ON THE LAW OF
SEA AND IN ACCORDANCE WITH ANNEX VII THERETO
In the Matter of an Arbitration Between
GUYANA and SURINAME
ORDER No. 1 of 18 July 2005
ACCESS TO DOCUMENTS
WHEREAS on 4 November 2004, Guyana sent a letter to the
President of the Tribunal notifying him, inter alia, that Guyana had
encountered difficulty in the preparation of its Memorial, due to
“Suriname’s objection to Guyana’s access to relevant historical
materials in the archives of the Netherlands Foreign Ministry”;
WHEREAS on 22 December 2004, Guyana sent a further letter to the
President, requesting, inter alia, an Order from the Tribunal
“reminding both parties that it is their obligation to act in a spirit of cooperation,
and instructing them to refrain from blocking one another’s
access to the relevant files in The Netherlands or the United
Kingdom”, and instructing Suriname “to advise The Netherlands that
it withdraws its objection [to Guyana’s access to the historical
materials in the archives of The Netherlands Foreign Ministry] of 7
December 2004”;
WHEREAS Suriname, in its letter to the President dated 27 December
2004, and in response to the letter of Guyana dated 22 December 2004,
stated, inter alia, that “The letter of 22 December 2004 misrepresents
the situation and seeks from the arbitral tribunal an extraordinary
Order that is uncalled for . . . The records in question are not public . . .
They cover many sensitive subjects, including national security
matters and matters pertaining to Suriname’s other territorial disputes
with Guyana”;
WHEREAS Guyana, in a letter to the President dated 4 January 2005,
noted, inter alia, that it would be prejudiced in preparation of its
Memorial if it were not granted access to the files in question, and
renewed its request that the Tribunal, in the interest of “fundamental