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12During the hearing held on September 25, 2000, Mr. Stumphius and Mr. Vander Hoeven were heard as witnesses. Mr. Behar, although called, did not appear.9. On September 29, 2000, the Arbitral Tribunal issued Procedural Order no.3 whereby it:- formally invited Mr. Behar and Mr. de Jong to appear before it in order totestify in the case and requested the production by CSFB of any correspondencewith respect to the declarations of interest or offers made by UPC orany affiliated companies, or by Intercomm Holdings with respect to the purchaseof RCF shares from Vision N.V.;invited Vision N.V. and Vision B.V. to communicate copies of the confidentialityagreement and the letter of intent signed by Valvision;addressed several questions to the parties;fixed the schedule for the exchange of memoranda and for the oral hearingto be held on March 19, 2001.On October 4, 2000, Vision N.V. and Vision B.V. filed Exhibits R.32 to R.34.10. On October 17, 2000, CSFB confirmed its policy not to give evidence ordisclose documents in a litigation or arbitration unless compelled to do so bycourt order.On October 30, 2000, Valvision filed a copy of the witness subpoena applicationfor Mr. de Jong and Mr. Behar that it had made before the High Court of Justice,Queen's Bench Division, Commercial Court on October 24, 2000.The parties and the Arbitral Tribunal consequently agreed to wait until they receivedthe court order and obtained the response of CSFB before reschedulingthe filing of the briefs by the parties.On November 29, 2000, the English Court granted the witness subpoena for Mr.de Jong.On January 23, 2001, CSFB indicated that the subpoena issued against Mr. deJong did not entitle Mr. de Jong to communicate any documents belonging orheld by CSFB or to produce them at the hearing without the consent of CSFB.As CSFB was not prepared to consent to the disclosure of documents unlesscompelled to do so by court order, a summons should be obtained againstCSFB rather than against Mr. de Jong in his personal capacity.On January 25, 2001, Valvision filed the necessary witness summoCSFB.elE IMTc,) COUR INTERNATIONALE D'ARBITRAGE 'ct'INTERNATIONAL COURT OF ARBITRATIONA02338488/0.31/16 Oct 2002 FA.. *C1`/,r/ONaL CHAMBER OF ` -