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Gruppo Officine Piccini S.p.A. v. Cameroon, Procedural Order No. 2

11 Mar 2024
Gruppo Officine Piccini S.p.A. v. Republic of Cameroon, ICSID Case No. ARB/23/21
Document provided by: ICSID
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Procedural Order No. 2
Document Details:
LISTED PARTICIPANTS
Procedural Order No. 2
Participants listed are for this document only and may not include all participants involved in the entire case. Always consult the original documents.
Claimant appointee
Constantine Partasides
Respondent appointee
Andrea K. Bjorklund
Tribunal/Panel chair
Matthias Scherer
Arbitrator(s)
Sole Arbitrator
ICSID Annulment Committee president
ICSID Annulment Committee members
WTO Appellate Body members
WTO Appellate Body chair
Judges
Claimant's counsel
Claimant's law firm
Respondent's counsel
Respondent's law firm
Other counsel
Claimant's expert
Claimant's expert firm
Respondent's expert
Respondent's expert firm
Claimant's witness
Respondent's witness
Other witnesses
Tribunal secretary
Laura Bergamini
Tribunal assistant
Third-party funder
Entities
Gruppo Officine Piccini S.p.A., Cameroon
Country
Print reporter
Document Summary
Procedural Order No. 2
This summary note is machine-generated. Always consult the original materials.

Procedural Background

This document constitutes Procedural Order No. 2, issued by the Tribunal on March 11, 2024, to establish the transparency and confidentiality regime governing the arbitration proceedings between Gruppo Officine Piccini S.p.A. and the Republic of Cameroon. Following the circulation of a draft order and subsequent discussions during the first session held on February 23, 2024, the Tribunal formalized the parties' agreements and its own determinations regarding the publication of case-related materials.

Tribunal's Analysis and Directions

Noting that the applicable 1999 Italy-Cameroon BIT is silent on transparency and confidentiality, the Tribunal applied Article 48(5) of the ICSID Convention and ICSID Arbitration Rules 62–66. The Tribunal directed that the final Award, as well as any orders and decisions, shall be published by ICSID, subject to redactions agreed upon by the parties or determined by the Tribunal. Conversely, the Tribunal ruled that written submissions, supporting documents, and hearing transcripts shall not be published unless the parties expressly agree otherwise.

Furthermore, the Tribunal established a strict protocol for the protection of confidential information. Hearings will remain closed to the public absent mutual agreement. The Order delineates a comprehensive redaction procedure, requiring parties to submit non-disclosure requests within 30 days of a document's issuance or filing. Disputed redactions are to be resolved by the Tribunal utilizing a designated Transparency Schedule appended to the Order.