Notice: We are currently performing maintenance to improve the italaw portal. The site remains fully accessible. Thank you for your patience.

William Ralph Clayton, William Richard Clayton, Douglas Clayton, Daniel Clayton and Bilcon of Delaware Inc. v. Government of Canada, Procedural Order No. 2 (Confidentiality Order)

4 May 2009
William Richard Clayton, Douglas Clayton, Daniel Clayton, and Bilcon of Delaware, Inc. v. Government of Canada, PCA Case No. 2009-04 , 2017 FC 214 , PCA Case No. 2009-04
Document Summary: 

This document is Procedural Order No. 2, a Confidentiality Order issued by the Arbitral Tribunal in a NAFTA Chapter Eleven arbitration. The order establishes a comprehensive framework for the designation, handling, and disclosure of confidential information throughout the proceedings. It defines "confidential information" and "restricted access information," setting forth the grounds upon which a party may make such a designation, including business confidentiality and information protected by domestic legislation. The order outlines the specific categories of persons (e.g., counsel, experts, witnesses) who may access confidential materials, often subject to executing a formal confidentiality undertaking. It also provides a mechanism for the Tribunal to resolve disputes over confidentiality designations. Balancing the principle of transparency under NAFTA with the need for protection, the order stipulates that hearings will be public unless necessary to protect confidential information, in which case they will be conducted in camera. Finally, it governs the public disclosure of key case documents, requiring redaction of confidential material before release.