Information for Claimants

Commencement of arbitral proceedings

How a party bound by an agreement naming the Institute may commence proceedings.

Art. 1

The arbitration agreement

The Institute’s jurisdiction rests on a written agreement to arbitrate.

Before the dispute

An arbitration clause in the principal contract naming the Institute.

After the dispute

A submission agreement by which the parties refer it to the Institute.

Section 7

Art. 2

Notice invoking arbitration

Proceedings commence on the day the respondent receives the request.That date also governs limitation.
1

The Institute serves the notice at the respondent’s addresses on record.

2

Proof of delivery is placed on the case file.

3

The date of receipt is recorded as the commencement of the proceedings.

Section 21 Section 43

Art. 3

Documents to be lodged

Five items open a reference.

  • The agreement containing the arbitration clause.
  • A statement of the facts, the points at issue and the relief sought.
  • The documents relied upon.
  • The authority of the person signing for the claimant.
  • The registration fee under the Schedule of Fees.

Art. 4

Constitution of the tribunal

1

A sole arbitrator is appointed from the Panel, unless the parties agree otherwise.

2

No appointment is made until the arbitrator gives a written disclosure of independence.

3

The disclosure is served on both parties.

Section 11 Section 12

Art. 5

Interim measures

If the subject matter is at risk, protection need not wait for the award.

Apply

To the tribunal, once constituted, for interim measures of protection.

Enforce

Such orders are enforceable as if they were orders of a court.

Section 17

Art. 6

Award and enforcement

1

A reasoned award within the period under Section 29A.

2

A signed copy served on each party.

3

Three months for any application to set aside, under Section 34.

4

Thereafter, enforceable as a decree under Section 36.

Art. 7

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Form

Request for arbitration

The Registry will examine the arbitration agreement and limitation, and then call for the documents in Article 3.

Preview version: not yet connected to the Registry.