How to initiate arbitration proceedings?
In order to settle a dispute, arbitration proceedings must be initiated by submitting a request for arbitration
A party wishes to initiate arbitration proceedings
The request for arbitration, which starts the proceedings, must comply with the applicable arbitration rules and agreement and set out the claims and grounds as well as the claimant’s position on certain procedural aspects.
Our client's challenge
Drafting a valid, coherent and relevant request for arbitration
After the dispute has crystallized and in order to settle the dispute, a party wishes to initiate arbitration proceedings before the ICC, in compliance with the arbitration agreement.
To this end, it is necessary to identify the procedural requirements to be complied with under the applicable law and arbitration rules. The request for arbitration will need to specify the claims that will be raised, set out their factual and legal basis and quantify the damages to be claimed.
Insofar as the opposing party will have the opportunity to submit an answer to the request for arbitration, the defenses that will be raised procedurally or on the merits, or the counterclaims that will be submitted should be anticipated.
Identifying the legal and procedural aspects in order to draft an efficient request for arbitration
The request for arbitration lays out the claims raised, in a short and concise manner. It is therefore necessary to determine them precisely beforehand. We therefore work with our clients to identify the relevant facts to develop and substantiate legal claims.
To ensure the validity of the request, the requirements of the applicable rules of arbitration must be taken into account. For instance, according to Article 4 of the ICC rules, the request must contain the identification of the parties and counsel, a presentation of the facts and claims as well as clarification on some procedural aspects, notably concerning the constitution of the arbitral tribunal (but also the place of arbitration, the applicable law and the language of the proceedings). The strategic aspect of choosing an arbitrator must be commenced as soon as the preparation of the request is contemplated.
Finally, the request for arbitration must be prepared with a thought for the adverse party’s possible defenses, in particular procedural defenses, like those relating to the jurisdiction of the arbitral tribunal or the admissibility of claims.
The same process will be applied if the proceedings are administered by another institution (LCIA, HKIAC, SCC, ICSID, etc.) and the requirements under each rules will need to be checked.