Request for Arbitration
Bringing a case before ICC: practical considerations
While many requests for ICC arbitration are very detailed and contain a full description of the case, others are less detailed. In any event, the purpose of a Request submitted under the ICC Rules is to set out the elements of the case so as 1) to permit the constitution of the most appropriate arbitral tribunal and 2) to allow the Respondent to set out its defence on the basis of the Request and attached documents.
As a rule, parties to ICC proceedings may present their case alone, be represented by one or more persons of their choice (legal counsel, lawyer, solicitor, etc.) or participate in the proceedings jointly with their representative(s).
Where to submit the Request: The list of offices
Request for arbitration may be submitted to the Secretariat at any of the offices below:
- The Secretariat of the International Court of Arbitration
International Chamber of Commerce
Headquarters
38 cours Albert 1er
75008 Paris, France
Tel.: +33 1 49 53 28 78
Fax: +33 1 49 53 29 33
or
- Secretariat of the ICC International Court of Arbitration - Asia Office
Suite 2, 12/F, Fairmont House
8 Cotton Tree Drive
Central
Hong Kong
Tel.: +852 3607 5601
Fax: +852 2523 1619
Number of copies
The Request and attached documents are supplied in as many copies as there are other parties, plus one for each arbitrator and one for the Secretariat. For example, if there is one Respondent and if the agreement provides for 3 arbitrators, five copies should be sent.
Content of the Request
There is no required or even model form that a ‘Request’ must take. 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 provides that the ‘Request’ must contain the following information:
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), there are three possibilities:
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.
Registration fee Each Request for arbitration must be accompanied by a non refundable advance payment of US$ 3,000 on the administrative expenses (Appendix III). Banking instructions are as follows:
- By cheque to the order of the International Chamber of Commerce
or
- By wire transfer according to the following instructions:
| Beneficiary (Account holder): |
International Chamber of Commerce |
| Address: |
38, Cours Albert 1er
75008 Paris, France |
| |
|
| Bank of Beneficiary: |
UBS SA |
| Address: |
35, rue des Noirettes
P.O. Box 2600
1211 Geneva 2, Switzerland |
| |
|
| Account no.: |
240-224534.61R |
| IBAN: |
CH06 0024 0240 2245 3461 R |
| Swift Code (BIC): |
UBSWCHZH80A |
Please indicate on your payment order the name of the party in the procedure on behalf of which this payment is being made.