1. On 1 March 2013, the Arbitral Tribunal held a common session by video link with the Parties during which the Republic of Indonesia (the “Respondent”) informed the Tribunal on the one hand, and Churchill Mining PLC and Planet Mining Ltd (the “Claimants”) on the other, that it intended to submit a request for production of documents (the “Request”) regarding the Claimants’ allegation that they held, through PT ICD, a controlling interest in the four disputed mining licenses. The Tribunal took note of the Claimants’ agreement to such a request. Accordingly, in its letter of 1 March 2013, the Tribunal set forth the schedule for the Respondent’s Request, whereby the Respondent shall file its Request by 6 March 2013, the Claimants shall state their response and any objections to the Request by 11 March 2013, and the Respondent shall respond to the Claimants’ objections by 14 March 2013.
2. In accordance with the abovementioned schedule, the Respondent sent its Request on 6 March 2013, set forth in a Redfern Schedule divided into 10 categories of documents. On 11 March 2013, the Claimants submitted their response whereby they totally object to the production of all categories of documents. The Respondent submitted its response to the Claimants’ objections on 15 March 2013. Therein, the Respondent asked the Tribunal that the Claimants be ordered to disclose all documents responsive to the categories of documents sought in the request.
3. Addressing in this Order the Respondent’s Request, the Tribunal will first determine the applicable standards, and then issue its decision on the Request.