Procedural Order No. 2 establishes the transparency and confidentiality regime governing the ICSID arbitration proceedings between Buried Hill Serdar Limited and Turkmenistan. Issued following the first session and party consultations, the Order applies the legal framework of the Energy Charter Treaty (1998), the ICSID Convention, and the 2022 ICSID Arbitration Rules.

The Tribunal delineated the scope of protected information, ruling that the final Award shall not be published without the express consent of the parties, although ICSID is authorized to prepare excerpts pursuant to ICSID Arbitration Rule 62(4). While orders and decisions will be published subject to agreed or Tribunal-ordered redactions, the Tribunal strictly prohibited the publication of written submissions, supporting documents, transcripts, and hearing recordings. Furthermore, the Tribunal directed that all hearings shall remain closed to the public.

To operationalize these confidentiality protections, the Tribunal instituted a detailed procedural mechanism for redactions. Parties must submit non-disclosure requests within 30 days of a decision or order to protect confidential business information, protected personal information, or essential security interests. In the event of unresolved objections regarding proposed redactions, the Tribunal provided a standardized Transparency Schedule to facilitate the adjudication of disputed confidentiality claims.