1. On 5 September 2008, the Republic of Chile (the ―Republic‖ or ―Respondent‖) filed with the then Acting Secretary-General of the International Centre for Settlement of Investment Disputes (―ICSID‖ or the ―Centre‖) an application (the ―Application‖) requesting the annulment of an award rendered on 8 May 2008 in ICSID Case No. ARB/98/2 (the ―Award‖) between Víctor Pey Casado and the Fondation ―President Allende‖ on one side (the ―Claimants‖) and the Republic on the other side. The Centre acknowledged receipt of the Application and forwarded it to the Claimants on 10 September 2008.
2. The Application was filed while the Award was the subject of a revision proceeding initiated by the Claimants on 2 June 2008. The revision application was registered on 17 June 2008. Further to the Republic’s request of 16 July 2008, the Tribunal, composed of the same arbitrators who had drafted the Award, decided on 5 August 2008 to stay the enforcement of the Award pending its decision. The Tribunal rendered its Decision on 18 November 2009 and lifted the stay.
3. The Secretary-General of ICSID registered the Application on 6 July 2009 and transmitted a Notice of Registration to the parties on that date. In that Notice, the Secretary-General noted that the Application contained a request for a provisional stay of the Award (the ―Request‖) pursuant to Article 52(5) of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ―Convention‖) and Rule 54(1) of the ICSID Rules of Procedure for Arbitration Proceedings (the ―Arbitration Rules‖). She further stated that: ―Rule 54(2) of the Arbitration Rules provides that the Secretary-General shall, together with the notice of registration of the application, inform the parties of the provisional stay of the award. I note, however, that in the context of the application for revision of the Arbitral Award, the enforcement of the Arbitral Award was stayed on August 5, 2008 by the Arbitral Tribunal before which the issue is currently pending.‖