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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. 20

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

Registry
Permanent Court of Arbitration

21 September 2021

[Page 2]

1. Procedural Background

1.1 [Redacted]

1.2 By letter dated 25 August 2021, the Tribunal invited the Claimant to submit any comments it may have on the Respondent’s Request by 31 August 2021.

1.3 [Redacted]

1.4 [Redacted]

1.5 By letter dated 2 September 2021, the Tribunal invited the Respondent to submit its comments [Redacted]

1.6 [Redacted]

1.7 By letter dated 10 September 2021, the Tribunal invited the Claimant to submit its comments on [Redacted]

1.8 [Redacted]

2 The Tribunal’s Decision

2.1 Having carefully considered the Parties’ correspondence, the Tribunal has decided to grant the [Redacted]

2.2 With respect to the remaining requests, i.e., [Redacted] the Tribunal prefers to have the Claimant submit [Redacted] and afford the Respondent an opportunity to comment on the situation as it then stands before the Tribunal decides on these applications. In particular, the Tribunal is mindful that both Parties must have a fair and reasonable opportunity to present their case. In the event that new materials raise new issues, the Tribunal may need to consider whether the present procedural calendar, including the hearing dates, can be maintained.

2.3 Accordingly, the Claimant is invited to submit [Redacted] by Tuesday, 28 September 2021.

2.4 The Respondent is thereafter invited to submit any further comments it may have on the outstanding applications by Tuesday, 5 October 2021.

[Page 3]

Date: 21 September 2021

Place of Arbitration: The Hague, the Netherlands

Signature

On behalf of the Tribunal
Professor Pierre-Marie Dupuy
(Presiding Arbitrator)