1.1 2009, when it filed a Notification and Statement of Claim under Article 287 and Annex VII of the 1982 United Nations Convention on the Law of the Sea (“UNCLOS” or “the 1982 Convention”).1 In conformity with Article 3(b) of Annex VII, Bangladesh nominated Professor Vaughan Lowe QC as its party-appointed arbitrator in its Statement of Claim.

1,2 Acting within the 30-day period provided in Annex VII Article 3(c), India sent 1.2 Bangladesh a Note Verbale dated 6 November 2009 in which it, inter alia, identified Dr. P. Sreenivasa Rao as its party-appointed arbitrator.2

1.3 Pursuant to Article 3(d) of Annex VII, Bangladesh and India subsequently made 1.3 efforts to agree on the other three members of the Arbitral Tribunal. After several exchanges, however, they were unable to do so. 

1.4 While the Parties were consulting regarding the constitution of the Arbitral Tribu1.4 nal, on 13 December 2009, Bangladesh declared that it would accept the jurisdiction of the International Tribunal for the Law of the Sea (“ITLOS”) in regard to this dispute.3 India declined to make a corresponding declaration.

1.5 Given the Parties’ inability to agree either (1) to submit the dispute to ITLOS, or (2) 1.5 on the composition of the Arbitral Tribunal, by letter dated 13 December 2009 Bangladesh invited the President of ITLOS, Judge José Luis Jesus, to perform the role of appointing authority as contemplated in Article 3(e) of Annex VII. President Jesus subsequently invited representatives of Bangladesh and India to Hamburg to engage in the consultations required by Article 3(e). Following those consultations, President Jesus appointed Judge Rüdiger Wolfrum, Judge Tullio Treves, and Professor Ivan Shearer to be the three other members of the Arbitral Tribunal on 12 February 2010. At the same time, Judge Jesus appointed Judge Wolfrum President of the Arbitral Tribunal.