Churchill Mining and Planet Mining Pty Ltd, formerly ARB/12/40 v. Republic of Indonesia (ICSID Case No. ARB/12/40 and 12/14), Procedural Order No. 11 (August 21, 2014)
1. The Tribunal recalls that on 16 May 2014, Indonesia requested that the Tribunal order the Claimants to present for inspection the originals of 31 documents (the “Respondent’s Request”).1 By letter of 28 May 2014, the Claimants objected to the Respondent’s Request. By letter of 6 June 2014, the Respondent submitted comments on the Claimants’ objections and reiterated its request for inspection.
2. By letter of 20 June 2014, the Claimants requested that the Tribunal order the Respondent to present for inspection the originals of (i) all revocation decrees issued by the Regent in connection with the Claimants’ mining licenses, and (ii) the Nusantara group’s license extension applications, if the Tribunal were minded to entertain the Respondent’s request for document inspection at this stage of the proceedings rather than at the hearing on the merits (the “Claimants’ Request”). By letter of 9 July 2014, the Respondent objected to the Claimants’ Request.
3. In its Procedural Order No. 10 of 22 July 2014, the Tribunal granted both the Respondent’s and the Claimants’ Requests and ordered each Party to make the requested originals available for inspection. Specifically, the Tribunal ordered that the Parties make the respective originals available for simultaneous inspection at the World Bank Office in either Washington D.C. or Singapore or Paris, under the supervision of ICSID personnel and in the presence of representatives of both Parties, including their authenticity experts if any. The Tribunal also invited the Parties to agree by 8 August 2014 on a date, time and place (World Bank Office in either Washington D.C. or Singapore or Paris) to perform such inspection by no later than the end of August 2014. Lastly, The Tribunal ordered that each Party provide to the other Party, at least one week in advance of the inspection, a list of the persons who will attend the inspection on its behalf.
4. By emails of 8, 13, and 14 August 2014, the Parties informed the Tribunal that they had failed to agree on date and place for the document inspection. By email of 18 August 2014, the Tribunal informed the Parties of its decision that the inspection would take place in the week of 25 August 2014 in Singapore.