Universal Compression International Holdings, S.L.U. v. The Bolivarian Republic of Venezuela, ICSID Case No. Arb/10/9 (Spain/Venezuela BIT), Order of the Tribunal Suspending the Proceeding (September 9, 2013)
1. On March 23, 2010, Universal Compression International Holdings, SLU filed a Request for Arbitration under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States against the Bolivarian Republic of Venezuela.
2. On April 12, 2010, the Secretary-General of ICSID registered the Request for Arbitration pursuant to Article 36(3) of the Convention.
3. In the absence of an agreement between the parties with respect to the number of arbitrators that would comprise the arbitral tribunal in this case and the method for their appointment, the Claimant, by letter dated August 4, 2010, chose the formula provided for in Article 37(2)(b) of the Convention. In its letter, the Claimant also appointed Professor Guido Santiago Tawil, a national of the Argentine Republic, as arbitrator. On August 12, 2010, Respondent appointed Professor Brigitte Stern, a French national, as arbitrator.
4. On September 7, 2010, the Claimant informed the Centre that the parties had been unable to agree on a candidate for president of the tribunal and, in accordance with Article 38 of the Convention, requested that missing appointment and designation be made by the Chairman of the ICSID Administrative Council (the Chairman).
5. On October 13, 2010, the Secretary-General informed the parties that she intended to recommend to the Chairman that he appoint Mr. J. William Rowley, QC, a Canadian national and a member of the ICSID Panel of Arbitrators designated by Mongolia, as the president of the tribunal. Claimant and Respondent confirmed that they had no objection to the appointment of Mr. Rowley on October 20, 2010, and October 25, 2010, respectively. On October 25, 2010, the Secretary-General confirmed that the Chairman would proceed with his appointment.