Acceptance/Filing Stage: Request for Arbitration, Answer, and Counterclaim

Request for Arbitration

1. The party or parties commencing arbitration (the “Claimant”) shall provide the Secretariat with a sufficient number of copies of the Request for Arbitration.

2. When submitting the Request for Arbitration, the Claimant shall pay the case handling fee in accordance with the Chamber’s Arbitration Rules.

3. If the Request for Arbitration does not meet the above requirements or the case handling fee has not been paid in accordance with the Chamber’s Arbitration Rules, the Secretariat may require the Claimant to remedy the deficiency within an appropriate period. Failure to remedy the deficiency or pay within that period shall be deemed a withdrawal of the Request for Arbitration, without prejudice to the Claimant’s right to commence separate arbitration proceedings asserting the same claims.

Commencement of Arbitration

1. Arbitration proceedings commence when the Secretariat receives a complete Request for Arbitration and the case handling fee.

2. The Secretariat shall serve a notice of commencement of arbitration on the Claimant.

3. The Secretariat shall serve the notice of commencement of arbitration, the Request for Arbitration, its attachments, and other materials on the Respondent.

Answer

1. Within the time prescribed by the relevant center’s arbitration rules, calculated from receipt of the Request for Arbitration served by the Secretariat, the Respondent shall submit a sufficient number of copies of its Answer to the Secretariat.

2. The Secretariat shall serve the Answer and its attachments on all other parties.

Counterclaim

1. The Respondent shall submit a sufficient number of copies of any counterclaim to the Secretariat within the time for submitting its Answer. The President may decide whether to extend or shorten the time for filing a counterclaim.

2. When submitting a counterclaim, the Respondent shall pay the case handling fee applicable to that counterclaim in accordance with the Chamber’s Arbitration Rules.

3. If the counterclaim does not meet the above requirements or the case handling fee has not been paid in accordance with the Chamber’s Arbitration Rules, the Secretariat may require the Respondent to remedy the deficiency within an appropriate period. Failure to remedy the deficiency or pay within that period shall be deemed a withdrawal of the counterclaim, without prejudice to the Respondent’s right to commence separate arbitration proceedings asserting the same counterclaims.

4. Upon receiving a complete counterclaim and the case handling fee, the Secretariat shall promptly notify the Claimant and Respondent of its receipt and the date of receipt.

5. The Claimant shall submit a written answer within the time prescribed by the relevant center’s arbitration rules, calculated from receipt of the counterclaim served by the Secretariat.

6. If the Respondent’s counterclaim is accepted, the tribunal shall be constituted according to the procedure for the Request for Arbitration. The parties in the counterclaim proceedings shall be deemed to have waived the right to propose the number and identity of arbitrators.

Constitution of the Arbitral Tribunal

Upon receipt of the Answer to the Request, or expiry of the time for receiving it, the President of the Chamber may need to make certain decisions to constitute the tribunal.

Number of Arbitrators

The dispute shall be heard and decided by a tribunal comprising one or three arbitrators. The parties have the right to propose the number of arbitrators.

Appointment of Arbitrators

The Arbitration Rules require that, where the parties propose the same person as sole arbitrator, that person shall be appointed as sole arbitrator upon confirmation by the President. If the parties do not propose a sole arbitrator or fail to agree on a candidate, the President shall appoint the sole arbitrator. If the parties agree to a tribunal of three arbitrators, each party shall propose one arbitrator in its Request or Answer for confirmation by the President. If a party makes no proposal, the President shall appoint the arbitrator. Unless the parties agree to another appointment procedure, the two arbitrators selected by the parties or appointed by the President shall jointly propose a third arbitrator as presiding arbitrator within the time prescribed by the relevant center’s arbitration rules, calculated from receipt of the appointment notice served by the Secretariat. If the two arbitrators fail to agree on a presiding arbitrator or do not make a proposal within that period, the President shall appoint the presiding arbitrator.

Arbitrator Disclosure

On accepting appointment, an arbitrator shall sign an arbitrator’s declaration and disclose to the parties, the other tribunal members, and the Chamber any circumstances that may give rise to justifiable doubts about their impartiality or independence. If new circumstances giving rise to such doubts arise during the arbitration, the arbitrator shall disclose them without delay to the parties, the other tribunal members, and the Chamber, unless all concerned have already been informed.

Challenge to an Arbitrator 

An arbitrator may be challenged if circumstances give rise to justifiable doubts about their impartiality or independence. A party may challenge an arbitrator it nominated only for reasons of which it became aware after the arbitrator’s appointment. If an arbitrator fails to act or is unable to perform their duties for legal or factual reasons, a party may request their removal under the Chamber’s Arbitration Rules.

Arbitration Proceedings

General Provisions

After consulting the parties, the tribunal shall establish the procedural timetable as soon as practicable in light of the circumstances. After consulting the parties, the tribunal may at any time extend or shorten any period prescribed by the Chamber’s Arbitration Rules or agreed by the parties.

Conduct of Proceedings

Subject to the Arbitration Rules, the tribunal may conduct the arbitration as it considers appropriate, provided that the parties are treated equally and each is given a reasonable opportunity to present its case at an appropriate stage. In exercising its discretion, the tribunal shall conduct the arbitration fairly and impartially and resolve the dispute expeditiously and economically.

Hearings

If a hearing is required, the tribunal shall give the parties advance notice of its time and place. If a party fails to appear without sufficient justification, the tribunal may continue the proceedings and make an order or award based on the submissions and evidence before it.

Closure of Proceedings

The tribunal may ask the parties whether they have further materials to submit, witnesses to be heard, or submissions to make. If there are none, the tribunal may declare the proceedings closed.

Award

The tribunal may make separate awards on different issues at different times. All arbitral awards shall be in writing, final, and binding on the parties. The parties shall comply with all arbitral awards without delay.