Commencement of Arbitration - Chapter 2 - Comparison of International Arbitration Rules - 3rd Edition

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Originally from: Comparison of International Arbitration Rules - 3rd Edition

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Commencement of Arbitration

Simpson Thacher & Bartlett LLP

AAA/ICDR
INTERNATIONAL
ARBITRATION RULES
(2008)

Article 2—Notice of
Arbitration and
Statement of Claim

1. The party initiating
arbitration ("claimant")
shall give written
notice of arbitration to
the administrator and
at the same time to
the party against
whom a claim is being
made ("respondent").

2. Arbitral proceedings
shall be deemed to
commence on the
date on which the
administrator receives
the notice of
arbitration.

3. The notice of
arbitration shall
contain a statement of
claim including the
following:

(a) a demand that the
dispute be referred to
arbitration;

(b) the names and
addresses and
telephone numbers of
the parties;

(c) a reference to the
arbitration clause or
agreement that is
invoked;

(d) a reference to any
contract out of or in
relation to which the
dispute arises;

(e) a description of the
claim and an
indication of the facts
supporting it;

(f) the relief or remedy
sought and the
amount claimed; and

(g) may include
proposals as to the
means of designating
and the number of
arbitrators, the place
of arbitration and the
language(s) of the
arbitration.

4. Upon receipt of the
notice of arbitration,
the administrator shall
communicate with all
parties with respect to
the arbitration and
shall acknowledge the
commencement of the
arbitration.

Table of Contents:

Full Table of Contents from "Comparison of International Arbitration Rules - 3rd Edition"

1 ARBITRATION CLAUSE
Model Clause
Effect of Arbitration Clause/Application of Rules

2 COMMENCEMENT OF ARBITRATION
Notice or Request for Arbitration
Answer and Counterclaims/Reply
Registration Fee/Advance on Costs
Consolidation

3 CONSTITUTION OF THE ARBITRAL TRIBUNAL
Number of Arbitrators
Nationality/Qualifications of Arbitrators
Disclosure by Arbitrators
Appointment of Arbitrators
Challenge of Arbitrators
Replacement of Arbitrators
Truncated Tribunals
Compensation of Arbitrators
Communications Between Parties and Arbitrators
Liability of Arbitrators/Arbitral Institutions

4 GENERAL CONDITIONS
Notices and Communications/Calculation of Periods of Time
Place of Arbitration
Language/Translations
Representation and Assistance
Confidentiality/Privacy

5 PRELIMINARY ISSUES
Jurisdictional Issues
Applicable Substantive Law
Punitive Damages

6 ARBITRAL PROCEEDINGS
Transmission of File to Arbitrators
Conduct of Proceedings Generally/Applicable Procedural Law
Procedural Rulings
Expedited Proceedings
Terms of Reference/Procedural Timetable/Pre-Hearing Conference
Statement of Claim
Statement of Defense/Counterclaims/Reply
Amendments to Claims/Defenses
Further Written Statements
Time Limits
Disclosure/Discovery
Hearings
Evidence
Witnesses
Experts
Interim Measures
Emergency Interim Measures
Default
Waiver of Rules
Closure of Hearings or Proceedings

7 ARBITRAL DECISIONS/AWARDS
Time Limits for Award
Quorum/Dissents
Place, Form, Notification and Effect of Award
Currency of Award/Interest
Determination and Allocation of Arbitration Costs
Correction, Interpretation or Supplementation of Award
Settlement/Other Termination
Recourse Against Award

INDEX

APPENDIX

International Chamber of Commerce ("ICC") Arbitration Rules
AAA/ICDR International Arbitration Rules
London Court of International Arbitration ("LCIA") Rules
Stockholm Chamber of Commerce ("SCC") Arbitration Rules
International Center for the Settlement of Investment Disputes ("ICSID") Arbitration Rules
United Nations Commission on International Trade Law ("UNCITRAL") Arbitration Rules
Center For Public Resources ("CPR") International Arbitration Rules