关于中秘两国诉讼历史的介绍

History of the Proceedings 诉讼历史
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，国际投资争端中心收到了来自于中华人民共和国公民顾岑先生和来自于秘鲁法律承认的 S. A. C合作公司的一封要求在2006年12月14日之前的对秘鲁进行仲裁的请求。

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日在秘书中心注册的一家法人为奕岑先生的公司要求对秘鲁进行仲裁的请求。

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，中心发函确认收到申请人的建议，并邀请答辩人作出答辩，来提供任何可行的建议。#p#分页标题#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，答辩人接受法庭对宪法中规定的部分索赔人的建议。
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.