The Arbitration Process: Commencement

Application

Commencing arbitration through The Arbitration Company is very straightforward. By completing and submitting the application form, the Claimant will provide us with:

  • details of the parties to the arbitration,

  • details of the arbitration agreement,

  • the nature and circumstances of the dispute,

  • the relief claimed, and

  • any specific requirements for the proceedings, such as location, language and the qualification of the arbitrator(s)

If the arbitration agreement provides for each party to select an arbitrator, i.e. for proceedings with three arbitrators, the Claimant may also specify details of their selection at this stage.

The application should also include any documentation that is relied on at this stage with regard to the arbitration agreement as well as the claimant’s share of the required fee (fees for document only proceedings are not required until the Terms of Appointment are agreed and returned).

 

Service of the Request

The Arbitration Company will then send notification to the claimant of receipt of the application and relevant documentation, the date of which will mark the date of commencement of the proceedings.

Using this information The Arbitration Company will then be able to serve the other party, the Respondent, with the request for arbitration. The service will be in accordance with the rules and laws applicable to the arbitration if such are specified; otherwise it will be in accordance with the rules of the Chartered Institute of Arbitrators.

The Answer

Once the formal request has been served on the Respondent, they will have a specified number of days (depending on the applicable rules) to file their answer which will:

  • admit or deny any part of the claim,

  • give a response to the relief sought,

  • give brief details of the nature and circumstances of any counterclaim,

  • confirm, reject or comment on any of the proposed specific requirements for the proceedings, and propose any additional or alternative requirements

If the arbitration agreement provides for each party to select an arbitrator, then Respondent may also specify details of their selection at this stage. If any counterclaims are raised the claimant will then be given the opportunity to respond within the specified time frame.