Tag: Part II — COMMENCEMENT OF ARBITRATION

4.1 A party wishing to commence arbitration shall file a Request for Arbitration with the Registrar, through the institutional filing portal unless the Registrar directs otherwise.

4.2 The Request shall be in writing and shall contain:

4.2.1 the names, contact details, and legal representatives of the parties; 4.2.2 a reference to the arbitration agreement invoked and a copy thereof; 4.2.3 a reference to the contract or legal relationship out of which the dispute arises and a copy thereof; 4.2.4 a brief description of the nature and circumstances of the dispute; 4.2.5 a preliminary statement of the relief sought, including a quantified monetary claim where possible; 4.2.6 the Claimant’s proposal on (i) the Track sought under Part IV, (ii) the seat of arbitration, (iii) the language of arbitration, (iv) the applicable substantive law, and (v) the number and method of appointment of arbitrators; 4.2.7 a declaration of the Claimant’s good-faith estimate of dispute value for the purpose of Schedule I; 4.2.8 a statement of any third-party funding arrangement disclosable under Article 52.

4.3 The Request shall be accompanied by the Registration Fee prescribed in Schedule I. The arbitration shall not be treated as commenced until the Registration Fee has been received by the Centre.

4.4 The date of commencement of arbitration shall be the date on which the Registrar confirms receipt of a complete Request and the Registration Fee.

4.5 The Registrar shall, within three (3) business days of receipt, confirm commencement in writing to the Claimant and transmit a copy of the Request to the Respondent.

5.1 The Respondent shall file an Answer within twenty-one (21) days of receipt of the Request.

5.2 The Answer shall state:

5.2.1 the Respondent’s response to the claims; 5.2.2 any objection to the existence, validity, or applicability of the arbitration agreement; 5.2.3 any objection to the Track, seat, language, substantive law, or constitution of the Tribunal proposed by the Claimant; 5.2.4 any counterclaim, with the particulars required under Article 4.2; 5.2.5 any disclosure required under Article 52.

5.3 The Claimant shall file a Reply to any counterclaim within fourteen (14) days.

5.4 The Registrar may, on written application and for sufficient cause, extend the periods under this Article by up to seven (7) days. Further extensions require leave of the Tribunal once constituted.

6.1 Joinder. The Registrar may, before the constitution of the Tribunal, and the Tribunal may, thereafter, permit the joinder of an additional party where:

6.1.1 the additional party is prima facie bound by the arbitration agreement; or 6.1.2 all parties, including the additional party, consent in writing.

6.2 Consolidation. The Registrar may consolidate two or more arbitrations pending under these Rules into a single arbitration where:

6.2.1 all parties have agreed to consolidation; 6.2.2 all claims are made under the same arbitration agreement; or 6.2.3 the arbitrations involve the same parties, the disputes arise in connection with the same legal relationship, and the arbitration agreements are compatible.

6.3 Multi-Contract Claims. A party may make claims arising out of or in connection with more than one contract in a single Request, provided that all such claims are made under arbitration agreements compatible with these Rules and with each other.

6.4 The Registrar shall decide applications under this Article after inviting brief written submissions from all affected parties. The decision of the Registrar is administrative and does not prejudice any jurisdictional determination by the Tribunal.

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