This document is the Tribunal's decision on the Claimants' urgent request for temporary interim relief, made pending the full determination of their broader Application for Provisional Measures. The Claimants sought an immediate order to prevent Ukraine from interfering with the assets of PJSC Ukrgazvydobutok (UGV), arguing that recent actions by the Respondent created an urgent risk of irreparable harm that could not await the completion of the briefing schedule on the main application.

The Tribunal, while acknowledging its authority under Article 47 of the ICSID Convention to grant such relief in appropriate circumstances, declined to issue the requested temporary order at this stage. It reasoned that the matters raised did not currently warrant granting relief before the Tribunal had the opportunity to consider the Respondent's forthcoming Rejoinder and all other written submissions. The decision was made without prejudice to the Tribunal's ultimate ruling on the main Application for Provisional Measures. However, the Tribunal ordered both parties to immediately inform the Tribunal and each other of any steps taken that might alter the ownership of the assets in question or affect access to evidence, and reminded them of their duty not to aggravate the dispute.

Procedural Background and Purpose

This Procedural Order No. 2, issued by an ICSID tribunal constituted under the 2022 ICSID Arbitration Rules, establishes the definitive regime governing transparency and confidentiality for the proceedings. The order was finalized following the circulation of a draft to the parties and a discussion of their comments during the first session of the tribunal. It memorializes the parties' agreements and the tribunal's decisions on these procedural matters.

Governing Legal Framework

The tribunal confirms that the applicable legal framework is the ICSID Convention and the 2022 ICSID Arbitration Rules. It explicitly notes that any departure from the default transparency provisions of the Rules requires the agreement of both parties. Where one party proposed a modification to which the other did not consent, the tribunal has maintained the standard regime provided for in the Rules. The tribunal acknowledges the sensitive nature of the dispute and affirms it will consider this when exercising its discretion regarding the publication of information.

Specific Rulings on Transparency

The order sets forth specific directives for different categories of case materials, largely adhering to the framework of ICSID Arbitration Rules 62-66:

Award (Rule 62): The parties consent to the publication of the final award, subject to redactions to be agreed upon within 60 days of its dispatch. A procedure is established for the ICSID Secretary-General to resolve any disagreements on redactions.

Orders and Decisions (Rule 63): These will be published by ICSID, subject to redactions agreed by the parties or decided by the tribunal.

Written Submissions and Supporting Documents (Rule 64): The parties have not consented to the publication of their written submissions, which will remain confidential. Similarly, supporting documents, including exhibits, witness statements, and expert reports, will not be published.

Hearings and Transcripts (Rule 65): Hearings will not be open to the public unless the parties agree otherwise. Transcripts and recordings of hearings will not be published.

Procedure for Redactions

The order establishes a detailed, time-bound procedure for the non-disclosure of confidential or protected information, as defined under ICSID Arbitration Rule 66. A party has 21 days from the date of an order or decision to request redactions. The opposing party has 14 days to object. If objections are raised, the parties must confer to reach an agreement. Any unresolved disputes over redactions are to be submitted to the tribunal for a final decision, utilizing a 'Transparency Schedule' annexed to the order. The tribunal also recommends that parties redact personal data to the extent possible to protect individual privacy.