WHEREAS, pursuant to Procedural Order No. 9, on 28 July 2014, each Party submitted to the other Party a reasoned application for the production of documents (“Request to Produce”), limited to material relevant to the First and Second Objections as set forth by the Respondent in its Statement of Defence; 

WHEREAS, in the following weeks, the Parties consulted with each other with a view to amending certain aspects of the process for document production and informed the Tribunal about their positions on 15 August 2014, 20 August 2014 and 22 August 2014; and whereas the Tribunal adopted a modified timetable for the proceedings on 26 August 2014 in the form of Procedural Order No. 10; 

WHEREAS, pursuant Procedural Order No. 10, on 8 September 2014, the Parties submitted to the Tribunal in the form of two separate Redfern Schedules all Requests to Produce that they maintained despite the other Party’s objections; 

WHEREAS, on 19 September 2014, the Claimant expressed concerns about what it perceived as the overly broad character of the Respondent’s Requests to Produce; and whereas the Claimant presented a proposal to limit the scope of the Parties’ Requests to Produce and requested “that Respondent agree to this proposal by September 23, 2014” or, in the absence of such agreement, “that the Tribunal issue an order adopting the proposal Claimant has suggested”; 

WHEREAS, on 22 September 2014, the Respondent replied to the Claimant’s proposal, noting that “[t]he Respondent does not agree to the Claimant's proposal for the production of documents relating to control” and requesting “that the Tribunal […] decline to make an order reflecting this proposal”; and whereas the Respondent expressed, however, its agreement to limit the scope of e-mails that the parties were required to review, subject to certain qualifications; 

WHEREAS, Paragraph 2 of Procedural Order No. 10 provides that “[b]y 29 September 2014 the Tribunal shall decide on such applications” for the production of documents;