I. THE ANNULMENT PROCEEDINGS

1. On 5 September 2008, the Republic of Chile (the “Republic” or “Respondent” or “Chile”) 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 Foundation “Presidente 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 and the Tribunal, composed of the same arbitrators who had rendered the Award, issued its decision on 18 November 2009 dismissing the application for revision.

3. By letter of 18 September 2008, the Claimants argued that the Application filed by the Republic was inadmissible as it had been filed in English while the languages of the original arbitration proceeding and the pending revision proceeding were French and Spanish. By letters of 8 October and 22 October 2008, the Claimants reiterated their submission that the Application was inadmissible on the additional ground that the Application had not been signed by the agents designated by the Republic of Chile before ICSID.