Digest
1. Facts
On September 29, 2011, Getma International, NCT Necontrans, Getma International Investissements and NCT Infrastructure & Logistique (“Claimants”) instituted a Request for Arbitration (the “Request”) against the Republic of Guinea (the “Respondent”). The Re quest is in accordance with the ICSID Convention and Order No. 00/PRG/87 ofJanuary 3, 1987 amended by Law No. L/95/029/CTRN of June 30, 1995, concerning the Code of Investments of the Republic of Guinea.
The Secretary-General of ICSID registered the Request on November 3, 2011. Claimants proposed that the dispute be decided by a three member tribunal, an arbitrator appointed by each of the parties and the third appointed by common agreement.
Claimants also confirmed the appointment of Mr. Cremades, as arbitrator, to whom they had already announced in the Request. By letter of December 12, 2011, the Respondent accepted the Claimant’s proposal as regards the method of constitution of the ArbitralTribunal and appointed Professor Pierre Tercier, as arbitrator.
On December 20, 2011, ICSID Secretariat informed the parties that both arbitrators had accepted their appointments, and transmitted the declarations of acceptance and independence respectively signed by them
. On January 20, 2012, the parties jointly appointed Ms. Vera Van Houtte, as President of the Tribunal, who accepted her appointment.
On March 15, 2012, parties provided their comments on a draft agenda for the first session of the Tribunal. Concerning the constitution of the Tribunal, the Respond statated that it:
intended to file an application for disqualification of Mr Bernardo Cremades, arbitrator appointed by Getma in the proceedings, because of his kinship with Mr. Juan Antonio Cremades, arbitrator also appointed by Getma in the CCJA proceedings on the same facts and taking place at the same time.
At the first session of the Tribunal, the Respondent considered that the Tribunal was improperly constituted. On April 16, 2012 the Respondent filed its Proposal to Disqualify Mr. Bernardo
Cremades
. The Claimants submitted their response on April 26, 2012. TheRespondent replied on May 7, 2012 and the Respondent filed its rejoinder on May 11,2012. Mr. Bernardo Cremades also submitted his comments.