Responding to the Notice of Arbitration under the ICC Arbitration Rules

Introduction

The International Chamber of Commerce (ICC) is a world-renowned institution that provides a neutral and efficient platform for dispute resolution. The ICC Arbitration Rules govern the conduct of arbitration proceedings from start to finish¹. One of the key aspects of these rules is the process of responding to a Notice of Arbitration.

What is a Notice of Arbitration?

A Notice of Arbitration is a formal document that commences the arbitration process. It outlines the nature of the dispute, the relief sought, and other relevant details². Upon receipt of this notice, the respondent is required to submit a Response to the Notice of Arbitration².

Time Frame for Response

Under Article 5.1 of the ICC Rules, the respondent has 30 days from the receipt of the Request for Arbitration from the ICC Secretariat to submit its Answer². The ICC Secretariat may at any time extend this time limit upon the Respondent’s request on the condition that the application for such an extension contains the Respondent’s observations or proposals concerning the number of arbitrators and their choice and the nomination of an arbitrator (Article 5.2)².

Contents of the Response

The Answer should include the following information²:

1. Respondent’s name and contact details: This information is usually indicated already by the Claimant in the Request for Arbitration. However, this additional request ensures that the information provided by the Claimant is up to date.
2. Name and contact details of any person(s) representing the respondent in the arbitration: The Respondent should indicate its legal counsel’s coordinates who will receive all communications between parties, arbitral tribunal, and ICC.
3. Preliminary comments on the dispute: In the Answer, the Respondent should present a basic defense on merits and on jurisdiction of arbitral tribunal, if applicable.
4. Response to relief sought: The Respondent should indicate if it objects to relief sought by Claimant.
5. Observations and proposals concerning choice of arbitrators: This includes any comments or proposals regarding choice of arbitrators.
6. Comments on applicable rules of law and language of arbitration: This includes any observations or comments on applicable rules of law and language of arbitration.
7. Description of counterclaims: If there are any counterclaims against claimant, these should be described in detail.

Conclusion

Responding to a Notice of Arbitration under ICC is an important step in arbitration proceedings. It sets out your initial defense and can shape how your case progresses. Therefore, it’s crucial to understand what it entails and how to properly respond within given time frame.

Learn more:

• 1. iccwbo.org
• 2. acerislaw.com
• 3. iccwbo.org
• 4. international-arbitration-attorney.com
• 5. mondaq.com
• 6. uncitral.un.org
• 7. iccwbo.org
• 8. lb7.uscourts.gov
• 9. iccindiaonline.org
• 10. iccwbo.org