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. 11 (August 10, 2011)
WHEREAS the present arbitration is at the stage of document production.
WHEREAS, on June 17, 2011, the Investors expressed their discontent about the redaction of certain new documents disclosed by the Respondent.
WHEREAS, on June 20, 2011, the Respondent explained that “any redactions appearing on the face of the documents serve to redact material that is either irrelevant to matters raised in the Claimants’ claim or subject to a privilege claim.”
WHEREAS, on June 21, 2011, the Investors requested “that the Tribunal order Canada to produce non-redacted copies of all documents that have been tampered with for any reason other than privilege.”
WHEREAS, on June 29, 2011, the Tribunal invited the Investors to submit a reasoned motion pursuant to Sections 30 and 31 of Procedural Order No. 1, should the Investors wish to proceed with their request.
WHEREAS, on July 13, 2011, the Investors brought a motion addressing the production of redacted documents.
WHEREAS, with their motion, the Investors requested that (1) the Respondent be ordered to explain within 10 days of the Order all redactions, including the identity of those who made the determination, when the determination was made, and the criteria used for making the determination; (2) the Respondent be ordered to produce non-redacted copies of all documents that have been redacted on any basis other than privilege within 10 days of the Order, together with a second copy containing a “black line” annotation beside the previously redacted text; and (3) the Investors and its experts be entitled to adduce any resulting evidence obtained within the successive rounds of pleadings.