Pursuant to Article 21 of the UNCITRAL Arbitration Rules (1976), and in accordance with the Tribunal’s Procedural Order No. 1 dated April 9, 2012, the United States of America respectfully submits this Memorial on Objections to Jurisdiction.

PRELIMINARY STATEMENT

This is an extraordinary case of first impression for dispute settlement under international investment agreements. Ecuador seeks to create a “dispute” under Article VII of the U.S.- Ecuador Bilateral Investment Treaty (“BIT” or “Treaty”) where none exists, and to obtain an “authoritative interpretation” to bind the Parties in the absence of their mutual consent. In a June 8, 2010 letter, Ecuador informed the United States that an investment tribunal had “erroneously” interpreted Article II(7) of the Treaty. Ecuador then provided the United States with the “proper” interpretation of that provision, and demanded “confirmation” of its views from the United States. Ecuador contends that the United States owed Ecuador a response to its demand and that the United States’ non-response entitles Ecuador to seek from this Tribunal an “authoritative interpretation” of that “disputed” provision. Ecuador’s claim has no foundation in international law and, if accepted, would destabilize the operation of BITs, particularly regarding dispute settlement.