E-mail from the Tribunal to the Parties regarding Assertions of Confidentiality (redacted)

1 From: Jose Luis Aragon Cardiel <jaragoncardiel@pca-cpa.org> Sent: March 4, 2020 11:50 AM To: 'Barry Appleton'; Squires, Heather -JLTB; Klaver, Mark -JLTB; Ouellet, Annie -JLTB; Kam, Susanna -JLTB; Harris, Maria Cristina -JLTB; Dallaire, Johannie -JLTB; Bakelaar, Darian - JLTB; Dosman, Alexandra -JLTB; Ed Mullins; Ben Love; sbustillos@reedsmith.com; Tait, Benjamin -JLTB; Tennant Claimant; Lillian De Pena; Girvan, Krystal -JLTB Cc: Cavinder.Bull@drewnapier.com; DBishop@kslaw.com; dbethlehem@20essexst.com; Christel Tham; Diana Pyrikova Subject: RE: Tennant Energy -- Investor's objections to the assertions of confidentiality over Follow Up Flag: Follow up Flag Status: Flagged Dear Mesdames, dear Sirs,

I write under the instructions of the Tribunal in the above-referenced matter.

The Tribunal acknowledges receipt of the Parties’ respective communications of 2 March 2020 and the Claimant’s subsequent communication of 3 March 2020, requesting that the Tribunal rule on the outstanding confidentiality designations listed in the schedule filed by the Claimant on 2 March 2020.

The Tribunal considers that the said outstanding confidentiality designations are ripe for decision and shall render a decision in this respect in due course. Prior to issuing its decision, the Tribunal requests that the Claimant indicate, by no later than Friday, 6 March 2020, whether it agrees with the Respondent’s proposal that the versions of Annex I to Procedural Order No. 3 enclosed with the Claimant’s letter of 29 October 2019 and the Respondent’s letter of 12 November 2019 not be published, as set out in the Respondent’s communication of 5 February 2020.

Finally, the Tribunal has taken note of the Respondent’s request that the Tribunal disregard the Claimant’s submissions on the designations set out in its letter of 2 March 2020, as well as the Claimant’s observations on this request, and confirms that it will decide this matter at the time of ruling on the confidentiality designations.

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 URL: http://www.pca-cpa.org

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