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for purposes of responding to the Claimant’s proposal regarding
the constitution of the
arbitral tribunal.
7.
By letter dated 21 April 2008, the Respondent agreed to the Claimant’s proposal
regarding the number of arbitrators and the method of appointing the two party-appointed
arbitrators, but rejected the Claimant’s proposal on the method of appointing the
presiding arbitrator. Instead, the Respondent suggested that the presiding arbitrator be
appointed by the two party-appointed arbitrators in consultation with their respective
appointing party. The Respondent further proposed a modification of the timeline
regarding the constitution of the arbitral tribunal.
8.
By letter dated 23 April 2008, the Claimant rejected the Respondent’s counter-
proposal regarding the method of appointing the presiding arbitrator and new time limits
for constituting the arbitral tribunal.
The next day, the Respondent invited discussions
between the parties for the purpose of reaching an agreement.
9.
By letter dated 30 April 2008, the Claimant informed the Centre that it was
invoking Article 37(2)(b) of the ICSID Convention because 60
days had elapsed since the
registration of the Request and the parties had not reached an agreement regarding the
constitution of the arbitral tribunal.
10.
By joint letter dated 27 May 2008, the parties informed the Centre that following
communications in accordance with Arbitration Rule 3(1),
the Claimant had elected to
appoint Professor Dr. Ahmed Sadek El-Kosheri and the Respondent had elected to
appoint Professor W. Michael Reisman. The parties indicated, by the same letter, that
they had not agreed on a presiding arbitrator.
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11.
On 29 May 2008, the Claimant notified the Centre that it was invoking Article 38
of the ICSID Convention because 90 days had elapsed since the registration of the
Request and the parties had not agreed on a presiding arbitrator.
12.
The
same day, without objecting to the Claimant’s request that the Chairman of
the Administrative Council designate the presiding arbitrator, the Respondent
communicated its wish that (1) the parties endeavour to reach an agreement on a
presiding arbitrator, and (2) the Chairman of the Administrative Council allow a
reasonable opportunity for the parties to pursue discussions in this regard.
13.
By way of reply, the Centre informed the parties on 30 May 2008 that if they did
not confirm that they were engaged in meaningful discussions regarding the appointment
of the presiding arbitrator by 6 June 2008, the Centre would
proceed to make the
appointment in accordance with the relevant provisions of the ICSID Convention and
Rules, and pursuant to the normal procedures of the Centre.
14.
On 4 June 2008, the parties jointly informed the Centre that they were appointing
Mr. L. Yves Fortier, C.C., Q.C., to serve as presiding arbitrator.
15.
Professors Reisman and Dr. El-Kosheri accepted their appointments on 1 and 2
June 2008, respectively, and Mr. Fortier accepted his appointment on 11 June 2008.
16.
On 12 June 2008, the Centre notified the parties that the arbitral tribunal was
deemed to be constituted (hereinafter the “Tribunal”) and the proceeding to have begun
on that day. The Centre also informed the parties and the Tribunal that Mr. Ucheora
Onwuamaegbu,
Senior Counsel, would serve as Secretary of the Tribunal. Mr.
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Onwuamaegbu was replaced as Secretary of the Tribunal by Ms. Aïssatou Diop on 26
September 2008.
