Request for Arbitration, Answer to Request, Emergency Arbitrator, Provisional Advance, Joinder of Additional Parties

The date on which the "Request for Arbitration" is received by the Secretariat of the ICC International Court of Arbitration, either at ICC Headquarters in Paris or at Hong Kong or at SICANA Inc., shall be deemed to be the date of the commencement of the arbitration.

Request for Arbitration (Article 4)

The "Request for Arbitration" is registered on the day it reaches one of the offices of the Secretariat of the International Court of Arbitration. "Requests" may be filed either with ICC Headquarters or with the Secretariat's Hong Kong office or wit SICANA Inc. in New York.

The Secretary General acknowledges receipt of the "Request" and indicates to the Claimant the names and contact details of the counsel and other members of the team in charge of the file.

Link to Filing a Request for Arbitration page

The Answer (Article 5)

As soon as the "Request for Arbitration" is complete and the filing fees are paid, the counsel that has been assigned the case transmits the "Request" to the other party or parties, who must send the "Answer" (or Answers) to the "Request", together with any counterclaims, within 30 days.

Pleas on Jurisdiction

Where any party:
(i) does not file an answer,
(ii) raises one or more pleas concerning the existence, validity or scope of the arbitration agreement, or
(iii) questions whether all of the claims may be determined together in a single arbitration,

the arbitration will proceed and the arbitral tribunal shall decide such issue, unless the Secretary General refers the matter to the Court for a decision (Articles 6(3) and 6(4)).

If the Secretary General refers the case to the Court, it will then decide whether and to what extent the arbitration shall proceed. An arbitration will proceed if and to the extent that the Court is prima facie satisfied that an arbitration agreement under the Rules may exist (Article 6(4)).

Emergency Arbitrator Provisions (Article 29)

A party that needs urgent interim or conservatory measures and cannot await the constitution of an arbitral tribunal may apply for emergency relief in accordance with the Emergency Arbitrator Provisions. The application can be submitted at the same time, before or after the "Request for Arbitration", but no emergency arbitrator shall be appointed after the file has been transmitted to the Arbitral Tribunal.

The Emergency Arbitrator Provisions do not apply if the relevant arbitration agreement was concluded before 1 January 2012, if the parties have opted out of the Emergency Arbitrator Provisions, or if the parties have agreed to another pre-arbitral procedure that provides for the granting of conservatory, interim or similar measures. Furthermore, the Emergency Arbitrator Provisions apply only to parties that are either signatories of the arbitration agreement.

Link to Emergency Arbitrator page

Provisional advance

After receipt of the "Request", the Secretary General normally requests the claimant to pay a provisional advance intended to cover the costs of arbitration until the "Terms of Reference" have been drawn up.

The Claimant’s payment is then credited towards its share of the advance on costs.

The Court and Secretariat usually will not take any steps in the arbitration (such as, for example, towards setting up the arbitral tribunal) until the provisional advance has been paid.

Link to Costs and Payment of costs page

Request for Joinder of additional party (Article 7), Claims between Multiple Parties (article 8) and Multiple Contracts (article 9)

The Rules allow any party to an arbitration to join any other party prior to the appointment of confirmation of any arbitrator. Requests for joinder of a party are similar to Requests for Arbitration (Article 7).

When a request for joinder is submitted, the additional party becomes a party to the arbitration and may raise pleas pursuant to Article 6(3) of the Rules. It is important to be aware of the timing for such joinder, as no additional party may be joined after the confirmation or appointment of an arbitrator, unless the parties and the additional party agree otherwise.