CHAPTER I – PROCEDURAL HISTORY

A. COMMENCEMENT OF THE ARBITRATION PROCEEDINGS AND CONSTITUTION OF THE ARBITRAL TRIBUNAL

1. On 8 May 2009, Claimant served a Notice of Arbitration on Respondent alleging breaches of the Treaty between The United States of America and The Republic of Ecuador concerning the Encouragement and Reciprocal Protection of Investment (the “BIT”).

2. By letter dated 31 July 2009 and pursuant to Article 7 of the UNCITRAL Arbitration Rules (the “UNCITRAL Rules”), Claimant informed Respondent of its appointment of Professor Michael Pryles as the first Arbitrator.

3. By letter dated 1 October 2009 and pursuant to Article 7 of the UNCITRAL Rules, Respondent appointed Professor Brigitte Stern as the second Arbitrator.

4. On 30 October 2009, the Co-arbitrators agreed on the choice of Professor Piero Bernardini as Presiding Arbitrator.