William Ralph Clayton, William Richard Clayton, Douglas Clayton, Daniel Clayton and Bilcon of Delaware Inc. v. Government of Canada, UNCITRAL, PCA Case No. 2009-04, Procedural Order No. 6 (August 26, 2009)
WHEREAS the present arbitration finds itself at the stage of document production.
WHEREAS, on August 14, 2009, each of the Disputing Parties transmitted by courier some of the documents requested of it and, by e-mail of the same date, submitted a refusal notice with regard to other document requests.
WHEREAS the Investors, in a letter dated August 17, 2009, requested the Respondent to “provide a timely and sorted production of the documents, or an index”.
WHEREAS the Investors, in a letter dated August 20, 2009, requested the Tribunal to order that “the deadline of the filing of Redfern schedules be pushed back by 14-days from the date of receipt of Canada’s index”. According to the Investors, the Respondent’s failure to provide an index “can only be attributed to its desire to prejudice the ability of the Investors to produce Refusals to [the Respondent’s] Request in the 14-day period available for the [D]isputing [P]arties to make refusal motions to the Tribunal”.