A claimant party is free to determine the form of its "Request", provided that Article 4 of the Rules is respected. In practice, "Requests" come in numerous different styles and formats.
Article 4 (3) of the Rules, however, provides that:
a) the name in full, description, address and other contact details of each of the parties;
b) the name in full, address and other contact details of any person(s) representing the claimant in the arbitration;
c) a description of the nature and circumstances of the dispute giving rise to the claims and of the basis upon which the claims are made;
d) a statement of the relief sought, together with the amounts of any quantified claims and, to the extent possible, an estimate of the monetary value of any other claims;
e) any relevant agreements and, in particular, the arbitration agreement(s);
f) where claims are made under more than one arbitration agreement, an indication of the arbitration agreement under which each claim is made;
g) all relevant particulars and any observations or proposals concerning the number of arbitrators and their choice in accordance with the provisions of Articles 12 and 13, and any nomination of an arbitrator required thereby; and
h) all relevant particulars and any observations or proposals as to the place of the arbitration, the applicable rules of law and the language of the arbitration.
The claimant may submit such other documents or information with the "Request" as it considers appropriate or as may contribute to the efficient resolution of the dispute.
Under sub-paragraph g), above, three possibilities should be envisaged:
1. Where the arbitration agreement provides for a sole arbitrator:
The parties may, by agreement, jointly nominate an arbitrator for confirmation by the Court or Secretary General. In any case, the claimant should submit in the "Request" any particulars concerning the choice of the arbitrator.
2. Where the agreement provides for three arbitrators:
The claimant should nominate an arbitrator in the "Request" for confirmation by the Court or Secretary General (unless the agreement provides for a different procedure).
3. Where the agreement provides for one or more arbitrators, or is silent or unclear as to the number of arbitrators:
The claimant should indicate a preference for either one or three arbitrators. If it opts for three, then the claimant is encouraged at to nominate an arbitrator for confirmation together with its "Request". The financial consequences of three arbitrators should be borne in mind. Unless agreed upon by the parties, the Court will appoint a sole arbitrator save where it appears to the Court that the dispute is such as to warrant the appointment of three arbitrators (Article 12 (2)).
Where there are multiple claimants or multiple respondents, and where the dispute is to be referred to three arbitrators, the multiple claimants, jointly, and the multiple respondents, jointly, shall nominate an arbitrator (Article 12 (6)).
Under sub-paragraph h), parties should be aware that:
1. The place of arbitration is fixed by the Court unless agreed upon by the parties (Article 18(1));
2. The applicable rules of law are those which the Arbitral Tribunal determines to be appropriate, unless otherwise agreed by the parties (Article 21(1));
3. The language of arbitration is determined by the Arbitral Tribunal in the absence of an agreement by the parties (Article 20).
The parties' positions and views regarding any of those issues should be included in the "Request" and the "Answer to the Request" respectively. The parties' comments will be considered by the Court or the Arbitral Tribunal when such issues are decided.