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COUR PERMANENTE D'ARBITRAGE

PERMANENT COURT OF ARBITRATION

IN THE MATTER OF AN ARBITRATION BEFORE A TRIBUNAL CONSTITUTED IN
ACCORDANCE WITH

THE AGREEMENT BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION
AND THE CABINET OF MINISTERS OF UKRAINE ON THE ENCOURAGEMENT AND
MUTUAL PROTECTION OF INVESTMENTS DATED 27 NOVEMBER 1998

- and -

THE ARBITRATION RULES OF THE UNITED NATIONS COMMISSION ON
INTERNATIONAL TRADE LAW, 1976

PCA CASE NO. 2015-21

- between -

JSC CB PRIVATBANK

The Claimant

- and -

THE RUSSIAN FEDERATION

The Respondent

PROCEDURAL ORDER NO. 17
(DOCUMENT PRODUCTION)

The Arbitral Tribunal
Professor Pierre-Marie Dupuy (Presiding Arbitrator)
Sir Daniel Bethlehem QC
Dr. Václav Mikulka

Registry
Permanent Court of Arbitration

20 July 2021

[Page 2]

1. Procedural Background

1.1 On 7 September 2020, the Tribunal issued Procedural Order No. 11, ordering the Claimant to produce certain documents requested by the Respondent.

1.2 In its Procedural Order No. 12 dated 28 September 2020, the Tribunal adopted a revised procedural calendar for the damages phase.

1.3 On 9 December 2020, the Tribunal issued Procedural Order No. 14, denying the Respondent’s request for the removal of redactions in its part concerning exhibits filed with the Claimant’s Submission on Quantum, and granting the request in its part concerning documents produced by the Claimant pursuant to Procedural Order No. 11.

1.4 [Redacted]

1.5 [Redacted]

1.6 [Redacted]

1.7 By its Procedural Order No. 16 dated 3 May 2021, the Tribunal granted the Claimant an extension for the filing of its objections to document production until 11 May 2021.

1.8 [Redacted]

1.9 [Redacted]

1.10 [Redacted]

1.11 [Redacted]

1.12 [Redacted]

1.13 [Redacted]

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2. The Tribunal's Decision

2.1 Paragraph 4.1. of the Rules of Procedure dated 18 August 2015 provides:

When considering matters of evidence, the Tribunal may use, but shall not be bound by, the Rules on the Taking of Evidence in International Arbitration issued by the International Bar Association in 2010 (“IBA Rules”).

2.2 The Tribunal, having carefully considered the Parties’ arguments and objections in relation to the document requests, rules on the Claimant’s document requests as set forth in Annex A and on the Respondent’s document requests as set forth in Annex B to this Procedural Order. The requests are granted insofar as the Tribunal considers that the documents identified are potentially relevant and material to the outcome of these proceedings. The requests are denied insofar as the Tribunal considers that the documents identified lack sufficient relevance to the case or materiality to its outcome.

2.3 The Tribunal denies the Respondent’s requests regarding the form in which electronic documents must be produced in these proceedings (including provision of the documents with all extracted metadata fields).

2.4 The Tribunal reiterates that the documents that have been found relevant to the case and material to the outcome, and whose production the Tribunal has thus ordered, should be produced unredacted, with the sole exception of those documents subject to additional confidentiality obligations arising from the English court proceedings [Redacted] The Respondent’s request in this part is granted.

2.5 The Tribunal sees no reason to revisit its decision on the removal of redactions concerning exhibits filed [Redacted] pursuant to Paragraph 2.2 of Procedural Order No. 14. Therefore, the Respondent’s request in this part is denied.

2.6 With respect to the Additional Exhibits, the Tribunal is of the view that the Respondent has not demonstrated the relevance and materiality of the redacted information in the Additional Exhibits. Therefore, the Respondent’s request in this part is denied.

2.7 The Parties are ordered to produce to the other Party the documents indicated in the respective Annexes to this Procedural Order by Tuesday, 3 August 2021.

Date: 20 July 2021

Place of Arbitration: The Hague, the Netherlands

On behalf of the Tribunal

Signature

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CLAIMANT'S DOCUMENT REQUESTS

ANNEX A

[Page 5]

RESPONDENT'S DOCUMENT REQUESTS

ANNEX B

[Page 6]