CHAPTER I

INTRODUCTION

1.1 This Counter-Memorial requests the Arbitral Tribunal to find that it is without jurisdiction in respect of the dispute submitted by Mauritius in its Notification and Statement of Claim. It also, and without prejudice to this principal submission, addresses the merits of the Application.

A. Summary of proceedings

1.2 On 20 December 2010, the Republic of Mauritius (‘Mauritius’) instituted proceedings against the United Kingdom of Great Britain and Northern Ireland (‘the United Kingdom’) under Part XV of, and Annex VII to, the United Nations Convention on the Law of the Sea (‘UNCLOS’, ‘Convention’), by addressing to the United Kingdom a Notification under article 287 and Annex VII, article 1 of UNCLOS and the Statement of the Claim and grounds on which it is based.1

1.3 The Members of the Tribunal were appointed in accordance with article 3 of Annex VII of UNCLOS, and the Tribunal was fully constituted as of 25 March 2011.

1.4 On 23 May 2011 Mauritius stated its intention to challenge the appointment of one of the arbitrators. Following exchanges of written pleadings, as well as an oral hearing, on 30 November 2011 the other four arbitrators dismissed the challenge and deferred any decision regarding costs2.