To commence an arbitration, a Request for Arbitration or Notice of Arbitration must be filed. The name of this initial document depends on the rules of the institution administrating the arbitration. The initial document is named a Request for Arbitration by the ICC, the LCIA, the ICSID, the DIAC and other arbitral institutions. It is named a Notice of Arbitration under the SIAC, the HKIAC and the UNCITRAL Rules. The primary difference is the name, as the required content of requests and notices is very similar.
Requests for Arbitration and Notices of Arbitration must include certain information, which depends on the rules of the institution administrating the dispute. In general, a Request for Arbitration or a Notice of Arbitration must contain the names of each of the parties, the names of the parties’ representatives, a description of the dispute giving rise to claims, a statement of the relief sought, a description of the agreement containing the arbitration clause, the choice of one or more arbitrators, a description of the place of arbitration, an indication of the applicable rule of law governing the arbitration and an indication of the language of the arbitration. Parties generally submit supporting documents with their Request for Arbitration or Notice of Arbitration, although supporting documents are not required under all rules of arbitration and generally are limited as evidence will be produced in full over the course of the arbitration.
As not everyone is familiar with drafting a Request for Arbitration or a Notice of Arbitration, the Aceris International Arbitration Law Firm has made model requests for arbitration and notices of arbitration available, in both PDF format and Word format. Please feel free to make use of these model templates, which make reference to the relevant procedural rules, while remembering to update them to take into account the specifics of your case.
Below, you will find model Requests for Arbitration under the ICC, LCIA and DIAC rules, as well as model Notices of Arbitration under the SIAC, the HKIAC and the UNCITRAL Rules.
Model ICC Request for Arbitration
Article 4 of the ICC Rules of Arbitration include the main requirements for a Request for Arbitration. The model Request for Arbitration, prepared by Aceris Law, is freely available below, making reference to the requirements of the ICC Rules of Arbitration in the model text.
Model LCIA Request for Arbitration
The LCIA Rules of Arbitration include the requirements of an LCIA Request for Arbitration in Article 1. The model LCIA Request for Arbitration available below, prepared by Aceris Law, is virus free and makes reference to the relevant requirements of the LCIA Rules of Arbitration in the model text.
Model DIAC Request for Arbitration
Article 4 of the DIAC Arbitration Rules specifies the elements that must be included in a DIAC Request for Arbitration. The model DIAC Request for Arbitration available below, prepared by Aceris Law, is virus free and makes reference to the relevant requirements of the DIAC Arbitration Rules.
Model SIAC Notice of Arbitration
Under the SIAC Rules of Arbitration, which were updated in 2016, the document commencing an arbitration is called a Notice of Arbitration rather than a Request for Arbitration. Article 3 of the SIAC Rules of Arbitration specifies what must be included in a SIAC Notice of Arbitration. The model SIAC Notice of Arbitration below, which was prepared by Aceris Law, is virus free and makes reference to the relevant requirements of the SIAC Rules of Arbitration in the model text.
Model UNCITRAL Notice of Arbitration
Under the UNCITRAL Arbitration Rules, the requirements of a Notice of Arbitration initiating arbitral proceedings are set forth in Article 3. The model UNCITRAL Notice of Arbitration below, which was prepared by Aceris Law, is virus free and makes reference to the relevant requirements of the UNCITRAL Arbitration Rules in the model text.
Model HKIAC Notice of Arbitration
Under the HKIAC Administered Arbitration Rules, updated in 2013, the document commencing an arbitration is also called a Notice of Arbitration rather than a Request for Arbitration. Article 4 of the HKIAC Administered Arbitration Rules provides the requirements for a Notice of Arbitration. The model HKIAC Notice of Arbitration below, prepared by Aceris Law, is virus free and makes reference to the relevant requirements of the 2013 Administered Arbitration Rules.