關于中秘兩國訴訟歷史的介紹

History of the Proceedings 訴訟歷史
1. On 29 September 2006, the International Centre for Settlementof Investment Disputes (ICSID or the Centre) received from Mr. TzaYap Shum, a national of the People's Republic of China (theClaimant) and from TSG Perú S. A. C., a company incorporatedunder the Peruvian law, a Request for Arbitration dated 14September 2006 (the Request) against the Republic of Peru (theRespondent).
2006年9月29日，國際投資爭端中心收到了來自于中華人民共和國公民顧岑先生和來自于秘魯法律承認的 S. A. C合作公司的一封要求在2006年12月14日之前的對秘魯進行仲裁的請求。

2. On 5 October 2006, the Centre acknowledged receipt of theRequest and sent copies thereof to the Republic of Peru, to thename of Presidente Alan García Pérez, and to the Embassy of theRepublic of Peru in Washington, D. C.

3. On 20 October 2006 and 20 October 2006, the Centre sentletters to Mr. Tza Yap Shum and TSG Peru S. A. C., respectively,requesting clarifications on the Request for Arbitration based onArticle 25 of the Convention on the Settlement of InvestmentDisputes between States and Nationals of Other States (ICSIDConvention) and the Rule 6(1)(b) of the Rules of Procedureapplicable to the Rules of Procedure for the Institution of Conciliationand Arbitration Proceedings (Institution Rules).

4. By letters dated 8 November 2006, 30 November 2006 and 26January 2007, the representatives of Mr. Tza Yap Shum and TSGPeru S. A. C. answered the Centre's clarification requests. In a letterdated 26 January 2007, Claimant's representatives decided “towithdraw TSG Peru S. A. C. from the request for registration […]”.

5. On 12 February 2007 the Secretary General of the Centreregistered Mr. Tza Yap Shum's Request for Arbitration against theRepublic of Peru.在2007年2月12日在秘書中心注冊的一家法人為奕岑先生的公司要求對秘魯進行仲裁的請求。

6. In his letter dated 22 February 2007, the Claimant sent aproposal on the method for the constitution of the Arbitral Tribunalpursuant to Rule 2 of the Rules of Procedure for ArbitrationProceedings (Arbitration Rules) According to Claimant's proposal,the Arbitral Tribunal would be constituted by three arbitrators ofnationalities different from the Parties', with each Party appointing anarbitrator within 15 days after the acceptance of such proposal.Once the appointed Arbitrators have accepted their appointments,they will proceed to appoint, in turn, within 15 days, the President ofthe Arbitral Tribunal. Failure to comply shall enable any Party torequest the Centre to complete the pending appointments under themethod proposed.http://ukthesis.org/ibm/

7. On 22 September 2007 the Centre sent a letter acknowledgingreceipt of Claimant's proposal and invited Respondent to make anyobservations the Respondent may have.2007年9月22日，中心發函確認收到申請人的建議，并邀請答辯人作出答辯，來提供任何可行的建議。#p#分頁標題#e#

8. By letters dated 27 February and 9 March 2007, Respondentrequested to declare null and void the notification of the act ofregistration of the Request. In its letters, the Respondent said thatthe registration of the Request, as it was made only with regard toMr. Tza Yap Shum as a result of the withdrawal of TSG Peru S. A.C. as Claimant, the Claimant trespassed Rule 2 of the InstitutionRulles.

9. In a letter dated 6 March 2007, Claimant stated his disagreementwith the Respondent with regard to the registration of the Request.

10. In a letter dated 9 March 2007, the Respondent commentedClaimant's statements in his letter dated 6 March 2007.

11. In a letter dated 13 March 2007, the Centre, by means of theSecretary General, notified the Parties that pursuant to Article 36 ofthe Convention on the Settlement of Investment Disputes betweenStates and Nationals of Other States (ICSID Convention), theSecretary General must proceed to register the Request “unless hefinds, on the basis of the information contained in the request, thatthe dispute is manifestly outside the jurisdiction of the Centre.” TheSecretary General explained both Parties that on this basis it hadregistered the Request without prejudice of the powers and functions of the Arbitral Tribunal to determine the Centre'sjurisdiction and competence, and to try settle the merits of thematter.

12. In a letter dated 14 March 2007, Respondent accepted in partClaimant's proposal on the constitution of the Tribunal. 2007年3月14日的信中，答辯人接受法庭對憲法中規定的部分索賠人的建議。
Respondentagreed on the number and nationality of Arbitrators, but not on themethod to appoint the President of the Tribunal. According toRespondent, the President should be appointed by mutualagreement of both Parties.