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From: Jose Luis Aragon Cardiel
To: "[email protected]"; "[email protected]"; "[email protected]";
"[email protected]"; [email protected]; "[email protected]";
[email protected]; "[email protected]";
"[email protected]"; "[email protected]";
"[email protected]"; "[email protected]";
"[email protected]"; "[email protected]";
[email protected]; [email protected]
Cc: [email protected]; [email protected]; [email protected]; Christel Tham; Diana
Pyrikova
Subject: RE: PCA Case No 2018-54 Tennant Energy LLC v. Government of Canada
Date: 17 July 2020 21:10:03
Dear Mesdames,
Dear Sirs,
I write on behalf of the Tribunal, further to the Respondent's communication of 9 July 2020, concerning the publication of case-related documents. The Tribunal advises the Parties as follows:
(i) The Tribunal notes that Canada has made confidentiality designations to documents nos. 5, 6, 15-19 listed in the Tribunal's communication of 1 July 2020. In respect of these documents, the Tribunal invites the Parties to follow the procedure set forth in paragraphs 16 through 19 of the Confidentiality Order of 24 June 2019 for the publication of confidential filings.
(ii) The Tribunal further observes that the documents listed as nos. 2 and 20 in the below exchange should be treated as 'filings to the Tribunal' for the purposes of paragraph 12.1 of Procedural Order No. 1, as they were part of exchanges between the Parties that led to a ruling. As such, the Tribunal directs that these documents be published on the PCA's website.
(iii) In accordance with its above directions, and, in the absence of any confidentiality assertions, the Tribunal orders the publication of documents listed under nos. 1, 3, 4, 7- 14, 21 and 24-29 in its communication of 1 July 2020. The public versions of documents listed under nos. 22 and 23, as filed by the Respondent on 26 May 2020, shall be published together with the remaining documents listed in this paragraph.
In accordance with the Tribunal's above directions, the PCA has published the relevant documents on its website: https://pca-cpa.org/en/cases/202/
Yours sincerely,
José Luis Aragón Cardiel
Legal Counsel • Conseiller juridique
Permanent Court of Arbitration • Cour permanente d'arbitrage
Peace Palace • Palais de la Paix
Carnegieplein 2
2517 KJ The Hague • La Haye
The Netherlands • Pays-Bas
Tel: +31 70 302-4155 (direct • directe)
Fax: +31 70 302-4167
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URL: http://www.pca-cpa.org
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