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Appendix 10 - ASA Special Series No. 43 Confidential and Restricted Access Information in International Arbitration
ASA - Swiss Arbitration Association
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ASA Special Series No. 43 Confidential and Restricted Access Information in International Arbitration
Claimant has brought arbitration against Respondents pursuant
to the ICC Rules of Arbitration in Case(#)(the “Arbitration”. The
arbitral tribunal is composed of (Chairman, “the Tribunal”)
On (date), Claimant requested production of documents under
the form of a “Redfem Schedule” (the “Document Request”).
According to Procedural Orders No. I and 4, Respondents answered
the Document Request on (date).
In this context, the Parties have entered into this Confidentiality
Agreement and have hereby agreed that:
1. This Confidentiality Agreement shall apply to any document
wholly or partially designated as confidential pursuant to a
“Confidentiality Designation”, as defined below, (i) either by
Respondents following the Document Request, (ii} or by any
of the Parties subsequently in the arbitration, as the case may
be. The Party(ies) producing any document under this
Confidentiality Agreement shall be referred to as the
“Producing Party(ies)” and the Party(ies) receiving any
document under this Confidentiality Agreement shall be
referred to as the “Receiving Party(ies)”.
2. The Receiving Party(ies) shall limit the use of the produced
documents for the sole and limited purpose than for no other
purpose than, the Receiving Party(ies) prosecuting its claim
or defending their position in the Arbitration.
3. If the Producing Party(ies) contend that a document contains
confidential information, they shall have the right to
prominently place upon the document the notation