As we saw previously, there is an actual roadmap to be taken for commencing arbitrations, in this case what opens the door for arbitration is having an arbitration clause, without it there is no much you can do to have access to arbitration.

After there is an arbitration clause agreed, and if a dispute arises between the parties signatories to the arbitration agreement (either as in the form of a clause or as a separate contract), then the first step is to write your request of arbitration.

What you should put into such arbitration request?

Fear not, this can actually be drawn from the institutional arbitration rules or if it is ad hoc you can also get a general idea from the said arbitral institutional rules, as for example the ICC (International Chamber of Commerce) sets in their rules for arbitration the elements that should be included in such a request:

  1. Name, description and address of each of the Parties  
  2. The contractual relationship between the parties as well as the nature and circumstances giving rise to the dispute
  3. The arbitration clause, the governing law substantive and as well procedural, the seat of arbitration and language.
  4. The possible designation of an arbitrator, or to be set in conjunction with respondent.
  5. Claimant’s damages
  6. Statement of relief
  7. Payment of the advance of arbitrator’s fees by Claimant

When drafting your request for arbitration, try to be brief, since you will have the opportunity to go at great lengths after a schedule is organize under the Procedural Order 1, which sets in motion the arbitration, which means, after the constitution of the Arbitral Tribunal.

In this phase you need to pay close attention to two elements, one, that there is an actual agreement to resolve the dispute under arbitration, in other words that an arbitration agreement exists, and second, that there is an actual contractual relationship which was affected by your counterpart’s behavior.

But, as said before, you don’t need to write a long request of arbitration, since you will have your opportunity later on.

Be brief and to the point.

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