I. INTRODUCTION

1. On 15 December 2008, the Republic of Peru (‘Peru’) made a timely application forannulment of the Decision on Jurisdiction rendered in favour of Duke Energy Investments Peru No. 1 Limited (‘DEI Bermuda’) in ICSID Case No. ARB/03/28, and in the alternative partial annulment of the Award in that case.

A. The Tribunal’s Decision on Jurisdiction and Award

2. The Decision on Jurisdiction was rendered on 1 February 2006. The Award was rendered on 18 August 2008. The Tribunal comprised L. Yves Fortier, C.C., Q.C. (President, a national of Canada), Dr. Guido Santiago Tawil (a national of Argentina) and Dr. Pedro Nikken (a national of Venezuela).1