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 send the Request? 

The Request for Arbitration should be sent to:

The Secretariat of the International Court of Arbitration

38 cours Albert 1er

75008 Paris, France

Tel.: +33 1 49 53 28 28

Fax: +33 1 49 53 29 33

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 (Article 3(1)). For example, if there is one Respondent and if the agreement provides for 3 arbitrators, five copies should be sent.

Content of the Request 

The ICC does not require, or give official endorsement to, any standard form of Request for arbitration under its Rules. This is to preserve the necessary flexibility and adaptability of ICC arbitration, which is international in scope.Article 4 (3) of the Rules, however, provides that:

The Request shall, inter alia, contain the following information:

a) the name in full, description and address of each of the parties;

b) a description of the nature and circumstances of the dispute giving rise to the claims;

c) a statement of the relief sought, including, to the extent possible, an indication of any amount(s) claimed;

d) the relevant agreements and, in particular, the arbitration agreement;

e) all relevant particulars concerning the number of arbitrators and their choice in accordance with the provisions of Articles 8, 9 and 10, and any nomination of an arbitrator required thereby; and

f) any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.

Under sub-paragraph e), above, three possibilities should be envisaged:

1. Where the arbitration agreement provides for a sole arbitrator:

Parties may by agreement nominate an arbitrator for confirmation. In any case, Claimant should submit in the Request any particulars concerning the choice of the arbitrator.

2. Where the agreement provides for three arbitrators:

Claimant should nominate an arbitrator in the Request, for confirmation (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:

Claimant should indicate a preference for either one or more arbitrators. If a panel of three arbitrators is being proposed, Claimant is encouraged at the outset to nominate an arbitrator for confirmation. The financial consequences of a panel of three should be borne in mind. Unless agreed upon by the parties, the number of arbitrators is fixed by the Court (Article 8).

Where there are multiple parties as Claimant or Respondent, and where the dispute is to be referred to three arbitrators, and in the absence of a joint nomination or agreement on a method of appointment, the Court may appoint each member of the Tribunal (Article 10).

Under sub-paragraph f), parties should be aware that:

1. The place of arbitration is fixed by the Court unless agreed upon by the parties (Article 14);

2. The applicable rules of law are those which the Arbitral Tribunal determines to be appropriate, unless otherwise agreed by the parties (Article 17);

3. The language, or languages, of arbitration is determined by the Arbitral Tribunal in the absence of an agreement by the parties (Article 16).

The parties' position and views respecting those issues may be included in the Request and the Answer, which may constitute an agreement on one or more of the issues. Failing agreement, the parties' comments will be considered by the Court or the Arbitral Tribunal in making their decision(s) on such issues.

Registration fee 

Each Request for arbitration must be accompanied by a non refundable advance payment of US$ 2500 on the administrative expenses (Appendix III, Article 1(1)). 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:

Please indicate on your payment order the name of the party in the procedure on behalf of which this payment is being made.