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申诉人和两被诉人签订了合资合同。合同规定了入资，但三方均未按时入资，董事会决议对入资时间作了新规定。申诉人认为：申诉人已按董事会决议投足了应缴资本，而两被诉人未缴资或缴资不足，所以申诉人要求仲裁庭裁决终止合营合同，并由两被诉人承担违约责任。两被诉人主张：申诉人也未能按原合同规定的期限投足资本，本身已经违约，所以申诉人无权以守约方的身份要求被诉人支付违约金，此外两被诉人不同意终止合营合同。
The claimant and the two defendants signed a joint venture contract. The contract provided for funding, but all three parties failed to finance the investment on time, and the resolution of the board of directors made a new provision on the timing of investment. The claimant held that the claimant had already paid the capital according to the resolution of the board of directors and the two respondents did not pay or did not pay enough money. Therefore, the claimant requested the arbitral tribunal to adjudicate the termination of the joint venture contract and the two respondents should bear the liability for breach of contract . The two respondents argued that the claimant also failed to meet the deadline set by the original contract and itself had already defaulted. Therefore, the claimant did not have the right to require the respondent to pay liquidated damages as a non-compliance party. In addition, both respondents did not Agreed to terminate the joint venture contract.