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Procedural Posture and Background
This document is Procedural Order No. 1, issued by the Arbitral Tribunal to establish the procedural framework for the arbitration between Mr. Mikhail Maratovich Fridman and the Kingdom of the Netherlands. The proceedings are governed by the Agreement on Encouragement and Reciprocal Protection of Investments between the Kingdom of the Netherlands and the Union of Soviet Socialist Republics (1989) and the 1976 UNCITRAL Arbitration Rules.
Procedural Rules and Guidelines
The Tribunal set forth comprehensive directives governing the conduct of the arbitration. The procedural language was designated as English, with specific protocols established for translations and electronic filings. The Order incorporates the 2020 IBA Rules on the Taking of Evidence in International Arbitration as an additional guideline for evidentiary matters, including document production via Redfern Schedules. Furthermore, the Tribunal mandated the application of the 2014 UNCITRAL Rules on Transparency in Treaty-based Investor-State Arbitration, subject to specific confidentiality protections and redaction procedures.
Directives on Artificial Intelligence and Data Protection
Notably, the Order includes modern provisions regulating the use of Artificial Intelligence (AI) and data protection. The Tribunal expressly prohibited the uploading of confidential case materials to public AI systems without adequate data protection and forbade the submission of AI-generated legal authorities or unverified expert and witness testimony. Any AI tools utilized must strictly comply with the General Data Protection Regulation (GDPR).
Operative Directions
The Tribunal adopted the Procedural Calendar, which contemplates both bifurcated and non-bifurcated scenarios, and established strict formatting, submission, and evidentiary guidelines for all pleadings, witness statements, and expert reports.