However, the purpose of this additional request is to ensure that the information provided by the Claimant is up to date.The Respondent should indicate the coordinates of its legal counsel who will receive all the communications between the parties, the arbitral tribunal and the ICC, if any. It is important to note that the “Request” must be accompanied by a non-refundable advance payment of US$5,000.

This will cover the necessary administrative costs and the required number of copies of the “Request.” To commence an arbitration, a Request for Arbitration or Notice of Arbitration must be filed. The ICC Rules of Arbitration do, however, contain certain requirements for “Requests” as set out in Article 4. While no external legal counsel is required, it is typically advised. It will also inform the Claimant(s) that it has done so and indicate the date of receipt of the “Request.”In order to maintain flexibility, ICC does not require “Requests” to be in any particular form. The Request for Arbitration as well as the Answer are the documents that will give the arbitral tribunal a first impression of the case, so are important to draft correctly after a proper analysis of potential defences. It is important to note that the “Request” must be accompanied by a non-refundable advance payment of US$5,000. If parties have reasonable doubt that a sanctions regime is applicable to their request, they must inform ICC in advance prior to submitting any such request and prior to paying the respective filing fee. An electronic version should also be sent to the Secretariat of the Court by There is no required or model form that a “Request” must take. The name of this initial document depends on the rules of the institution administrating the arbitration. ICC arbitration proceedings from start to finish. It is important to note that the “Request” must be accompanied by a … Once an arbitration has been commenced against a respondent, the respondent has a relatively short period of time in which to file an Answer to the Request for Arbitration, which is also called a Response to the Notice of Arbitration or the Answer to the Notice of Arbitration under certain arbitral rules. A Claimant party is free to determine the form of its “Request,” provided that Article 4 of the Rules is respected. The ICC Rules of Arbitration do, however, contain certain requirements for “Requests” as set out in Article 4. Courtney M. Schaberg, Esq. In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties’ representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of one or more arbitrators, a description of the place of arbitration, an indication of the applicable rule of law governing the arbitration and an indication of the language of the arbitration.
Supporting documents need not be supplied at this early stage of the arbitral proceedings.The Respondent should indicate if it objects to the relief sought by the Claimant, as is usually the case, and to what extent. Courtney M. Schaberg, Esq. It may alternatively be submitted by email or facsimile, provided that the requisite number of hard copies follows by post, courier or hand delivery.
JONES DAY 555 WEST FIFTH STREET, SUITE 4600 LOS ANGELES, CA 90013-1025 … If an attempt at settlement has failed, the Dispute shall be finally settled by final and binding arbitration under the Rules of Arbitration (“Rules”) of the International Chamber of Commerce (“ICC”).The Rules are deemed to be incorporated by reference into this clause. If a party fails to nominate the co-arbitrator, the ICC Court will proceed to appoint an arbitrator on its behalf.The parties may agree upon the procedure for appointing the third arbitrator, e.g., nomination by the parties or by the co-arbitrators. Under most arbitration rules the respondent has 30 days to file an Answer / Response to the Notice of Arbitration, although short extensions of time are often granted following a reasoned request and there are variations (the LCIA Arbitration Rules, for instance, provide for 28 days to respond). To begin an ICC Arbitration, you need to submit a “Request for Arbitration” with the Secretariat of the ICC International Court of Arbitration® at any of the offices specified below. Any request received for an authority of the ICC to act as appointing authority will be treated in accordance with the Rules of ICC as Appointing Authority in UNCITRAL or Other Ad Hoc Arbitration Proceedings and shall be accompanied by a non-refundable filing fee of US$ 3,000. They may also facilitate settlement if drafted with sufficient detail.The Respondent has 30 days from the receipt of the Request for Arbitration from the ICC Secretariat to submit its Answer (The Answer should include the following information:This information is usually indicated already by the Claimant in the Request for Arbitration. November 10, 2004 Jeffrey A. LeVee, Esq. It is important to note that the “Request” must be accompanied by a non-refundable advance payment of US$5,000. It is named a Notice of Arbitration under the SIAC, the HKIAC and the UNCITRAL Rules. By including an ICC Arbitration Clause in a contract, the parties agree that their dispute will be resolved by arbitration and that the arbitration proceedings will be governed by the procedural rules in the ICC Rules of Arbitration, in addition to any mandatory rules at the seat of arbitration..

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