Procedural Order No. 2 establishes the transparency and confidentiality regime governing the ICSID arbitration proceedings between Enwell Energy plc and Ukraine. Issued following consultation with the Parties during the first session, the Order applies the framework of the ICSID Convention and the 2022 ICSID Arbitration Rules to delineate the scope and handling of protected information.

The Tribunal defined confidential and protected information to include, inter alia, confidential business data, protected personal information, and information implicating a State party's essential security interests. Regarding publication, the Tribunal noted the Parties' consent to the publication of the final Award and Tribunal orders or decisions, subject to a formalized redaction process. Conversely, the Parties withheld consent for the publication of written submissions, supporting documents, and hearing transcripts. Furthermore, hearings shall remain closed to the public absent mutual agreement by the Parties.

To operationalize these confidentiality protections, the Tribunal instituted a strict procedural mechanism for redactions. Parties must submit non-disclosure requests within 21 days of a document's issuance, followed by a structured conferral period for any objections. Disputed redactions are to be resolved by the Tribunal via a dedicated Transparency Schedule. The Tribunal also explicitly directed the Parties to proactively redact sensitive personal data and identifiers to ensure compliance with data privacy standards.