Biwater Gauff (Tanzania) Ltd v. United Republic of Tanzania
International Centre for Settlement of Investment Disputes
Procedural Order No. 3 in ICSID Case No. ARB/05/22 of 29 September 2006 (2006)
- Written by Mary Katherine Cunningham, JD
Facts
Biwater Gauff (Tanzania) (BGT) (plaintiff) entered a contract with the United Republic of Tanzania (UROT) (defendant). The contract concerned foreign investment in Tanzania by BGT and contained an arbitration agreement. A dispute arose between the parties concerning alleged breaches of obligations under the contract by the UROT that resulted in substantial losses for BGT. In August 2005, BGT filed a request for arbitration with UROT pursuant to the International Centre for Settlement of Investment Disputes (ICSID) Convention. In the arbitral proceedings, BGT asked the tribunal to prohibit UROT from publicly disclosing certain documents produced in or for arbitration including the materials produced in disclosure, documentary evidence, correspondence, and other documents. UROT countered that nothing in the motion demonstrated a threat to BGT’s rights or interests warranting a limit upon UROT’s ability to disclose certain documents. UROT argued that BGT’s motion amounted to a concern about the risk of future prejudice in litigation or in future arbitration.
Rule of Law
Issue
Holding and Reasoning (Per curiam)
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