A. Introduction

1. The present Recommendation concerns the arbitration proceedings commenced in 2006 by a group of individuals and corporations known presently as “Abaclat and others” who are holders of sovereign bonds issued by the Argentine Republic (the “Claimants”), against the Argentine Republic (the “Respondent”). Those arbitration proceedings are administered by International Centre for the Settlement of Investment Disputes (“ICSID”) pursuant to the Convention on the Settlement of Disputes between States and Nationals of Other States (the “ICSID Convention”) and the Rules of Procedure for Arbitration Proceedings (the “ICSID Arbitration Rules”).

2. By letter from Mr. Gonzalo Flores, Senior Counsel at ICSID, dated November 18, 2011, I have been asked to provide a recommendation to ICSID on the Respondent’s proposal, submitted on September 15, 2011, for the disqualification, pursuant to Article 57 of the ICSID Convention, of Professor Pierre Tercier and Professor Albert Jan van den Berg (the “Proposal”).