Pursuant to Article 27 of the ICSID Arbitration (Additional Facility) Rules, this first Procedural Order sets out the Procedural Rules that the Claimants and the Respondent have agreed and the Arbitral Tribunal has determined shall govern this arbitration. 

1. Applicable Arbitration Rules 

Additional Facility Rules, Article 6; Arbitration (AF) Rules, Articles 1, 28(2) and 35; NAFTA, Article 1120 

1.1. These proceedings are conducted in accordance with the ICSID Arbitration (Additional Facility) Rules in force as of April 2006 (Arbitration (AF) Rules), except to the extent that they are modified by Section B of NAFTA Chapter 11. 

2. Constitution of the Tribunal and the Tribunal Members’ Declarations 

Arbitration (AF) Rules, Article 13; NAFTA, Articles 1123 and 1125 

2.1. The Tribunal was constituted on 11 June 2012 in accordance with Chapter 11 of the NAFTA and the Arbitration (AF) Rules. The Parties confirmed that the Tribunal was properly constituted and that no Party had any objection to the appointment of any Member of the Tribunal. 

2.2. The Members of the Tribunal timely submitted their signed declarations in accordance with Article 13(2) of the Arbitration (AF) Rules. Copies of these declarations were distributed to the Parties by the Secretary on 11 June 2012.