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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
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Procedural Order No. 2 (Confidentiality Order)
Document Details:
LISTED PARTICIPANTS
Procedural Order No. 2 (Confidentiality Order)
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
Bryan P. Schwartz
Respondent appointee
Donald M. McRae
Tribunal/Panel chair
Bruno Simma
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
Tribunal assistant
Third-party funder
Entities
Appleton & Associates, Canada
Country
Print reporter
Document Summary
Procedural Order No. 2 (Confidentiality Order)
This summary note is machine-generated. Always consult the original materials.

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.