I. PROCEDURAL AND FACTUAL BACKGROUND 

1. On June 5, 2007, the International Centre for Settlement of Investment Disputes (“ICSID” or the “Centre”) received a Request for Arbitration dated June 1, 2007 (the “Request”) from Alpha Projektholding GmbH (“Alpha” or “Claimant”) against Ukraine (“Ukraine” or “Respondent”) (Alpha and Ukraine, together, the “Parties”). Alpha, an Austrian limited liability company, submitted the Request pursuant to Article 9 of the 1996 Agreement for the Promotion and Reciprocal Protection of Investments between Ukraine and Austria.1 

2. By letter of August 28, 2007, Claimant invited Respondent to reach an agreement concerning the number of arbitrators and the method of their appointment. Claimant offered to agree on the formula provided in Rule 2(3) of the ICSID Rules of Procedure for Arbitration Proceedings (the “Arbitration Rules”). Respondent did not reply to this offer, which was reiterated in a letter from Claimant of September 19, 2007. By letter of September 24, 2007, Claimant informed the Centre that it opted for the formula provided in Article 37(2)(b) of the 1965 Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the “ICSID Convention”).2 By letter of the same date, Respondent agreed to this formula, pursuant to which the tribunal in this case (the “Tribunal”) was to “consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.” 

3. By letter of October 22, 2007, Claimant appointed Dr. Yoram Turbowicz, a national of the State of Israel, as arbitrator in this proceeding. On October 25, 2007, the Secretariat of the Centre transmitted to the Parties a copy of a letter of the same date concerning Dr. Turbowicz that had been received from Dr. Leopold Specht of the law firm of Specht Rechtanswalt GmbH of Vienna, Austria (the “Specht Firm”), Counsel to Claimant. Dr. Specht‟s letter stated that it “attached the curriculum vitae of Dr. Yoram Turbowicz.” The curriculum vitae of Dr. Turbowicz that was attached to both Dr. Specht‟s letter and the Secretariat‟s letter of October 25, 2007 records in pertinent part, under the heading “Educacion” [sic], the following information: “1988-90 Harvard Law School, Doctor of Juridical Science (S.J.D.)” and “1987-8 Harvard Law School, Master of Laws (LL.M.).” 

4. On November 10, 2007, Dr. Turbowicz submitted a declaration pursuant to ICSID Arbitration Rule 6(2) (the “Turbowicz Declaration”). The last paragraph of the Turbowicz Declaration, the language of which is in keeping with the text of Arbitration Rule 6(2), states in pertinent part: “Attached is a statement of (a) my past and present professional and other relationships (if any) with the parties and (b) any other circumstances that might cause my reliability for independent judgment to be questioned by a party.”