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Decision on the Admission of Evidence
This document is a letter from the Secretary of the ad hoc Committee in the annulment proceeding of ICSID Case No. ARB/20/11. It communicates the Committee's decision regarding the Applicants' request to admit new exhibits (A-0206 to A-0224) into the record, pursuant to section 15.5 of Procedural Order No. 1, which requires a showing of special circumstances.
The Applicants sought to admit documents produced by the Respondent during document production (A-0206 to A-0221), lists of those documents (A-0222 to A-0223), and the LinkedIn profile of the Respondent's lead counsel (A-0224), which they argued supported a claim of inequality of the parties. The Respondent did not oppose the admission of the first set of documents, provided the Committee found special circumstances, but objected to the Applicants' rationale for admitting the LinkedIn profile.
The Committee ruled to admit Exhibits A-0206 to A-0223, finding that they presented special circumstances justifying their inclusion in the annulment record. However, the Committee denied the admission of Exhibit A-0224. The Committee reasoned that the LinkedIn profile is a publicly available document that was presumably accessible to the Applicants previously, and that the Applicants had failed to demonstrate sufficient special circumstances to warrant its admission at this stage of the proceeding.