WHEREAS the Respondent, in its submission dated June 16, 2009, “challenges the Claimants’ June 12, 2009 designation of confidential information in their Notice of Arbitration (‘NOA’) and Statement of Claim (‘SOC’)”.

WHEREAS the Investors, in their submission of July 2, 2009, withdrew the designation of confidential information in the Notice of Arbitration and of some confidential information in the Statement of Claim, and the Respondent, in its submission dated July 7, 2009, noted that it no longer sought the intervention of the Tribunal as far as the Notice of Arbitration is concerned.

WHEREAS the Investors, in their submission of July 2, 2009, requested “the Tribunal’s guidance on the effect of paragraph 29 of the Confidentiality Order”.