1. On October 7, 2003, the International Centre for Settlement of Investment Disputes (“ICSID” or the “Centre”) received a request for arbitration (the “Request”) submitted by Duke Energy International Peru Investments No. 1 Ltd. (“DEI Bermuda” or the “Claimant”), a company organized under the laws of Bermuda. DEI Bermuda is owned by Duke Energy International Latin America Ltd., another Bermudan company, and indirectly, by Duke Energy International LLC (“Duke Energy”).
2. The Request was submitted in regard to a dispute with the Republic of Peru (“Peru” or the “Respondent”) concerning a legal stability agreement concluded between Peru and DEI Bermuda (the “DEI Bermuda LSA”). According to DEI Bermuda, Peru has imposed a tax assessment in violation of certain guarantees in the DEI Bermuda LSA. The Request invokes the arbitration provision of the DEI Bermuda LSA.
3. The Centre, on October 9, 2003, in accordance with Rule 5 of the ICSID Rules of Procedure for the Institution of Conciliation and Arbitration Proceedings (“Institution Rules”) acknowledged receipt of the Request and, on the same day, transmitted a copy to Peru and to the Embassy of Peru in Washington, D.C.