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    Procedural Order No. 1 (Appointment of New Arbitrator)

    By a letter dated May 3rd, 2004, Mr Manuel Tron resigned as a Member of the Arbitration Tribunal constituted to hear this case. After consulting the Parties, the Tribunal has decided to accept Mr Tron’s resignation in accordance with Article 14(3) of the ICSID Additional Facility Rules.
    In accordance with Article 17(1) of the ICSID Additional Facility Rules, the vacancy created by Mr Tron’s resignation “shall be promptly filled by the same method by which his appointment had been made”. Since Mr Tron had been nominated by the Respondent, it is therefore for the Respondent to nominate a new member of the Tribunal to fill the vacancy.
    The Tribunal considers that the requirement of promptness in Article 17(1) means that the vacancy should be filled within forty-five days of the resignation being notified. Since the resignation was notified on May 3rd 2004, the vacancy should therefore be filled by June 17th at the latest.
    Accordingly, the Tribunal considers that the respondent should file its nomination with the Center by June 17th, 2004.
    Dear Madam and Sirs,

    In the absence of Gonzalo Flores from the office, please find attached a copy of Mr. Flores’ email to the parties of May 21, 2004, attaching an unsigned copy of the Tribunal’s Procedural Order No. 1, as requested by counsel for the Claimant in our telephone conversation of today’s date.

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