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DIAC Arbitration Rules 2007

 

 

 

 Commencing the Arbitration

 

 

Article (4) 
Request for Arbitration

4.1   

Any party wishing to commence an arbitration under the DIAC Rules shall send to the Centre a written request for arbitration ("the Request") which shall include:

 

a. A demand that the dispute be referred to arbitration under the DIAC  Rules;

 

b. The name in full, description and address, including telephone, fax number, email address and other communication references of each of the parties to the arbitration and of the representative of the Claimant;

 

c. A copy of the Arbitration Agreement invoked by the Claimant, together with a copy of the contractual documentation in which the Arbitration Agreement is contained or in respect of which the arbitration arises;

 

d. A brief description of the nature and circumstances of the dispute giving rise to the claim;

 

e. A preliminary statement of the relief sought and, to the extent possible, an indication of any amount(s) claimed; and

 

f. All relevant particulars concerning the number of arbitrators and their choice in accordance with Articles 8, 9, 10, 11, and 12, and if the Arbitration Agreement calls for party nomination of arbitrators, the name, address, telephone and facsimile numbers and email address (if known) of the Claimant's nominee.

4.2 

The Request may also include:

 

a. The Statement of Claim referred to in Article 23;

 

b. A proposal as to the place of arbitration and the language of the arbitration; and

 

c. Any comments as to the applicable rules of law.

4.3 

The Request (including all accompanying documents) shall be submitted to the Centre in the number of copies required by Article 3(2) above.

4.4 

Together with the Request, the Claimant shall make payment of the Registration Fee required by Appendix - Cost of Arbitration in force on the date the Request is submitted. In the event that the Claimant fails to comply with this requirement, the Request shall be deemed invalid.

4.5 

The Centre shall send a copy of the Request and the documents annexed thereto to the Respondent.

4.6 

The date of receipt by the Centre of the Request in the number of copies required by Article 3(2) and the Registration Fee shall be treated as the date on which the arbitration proceedings have commenced.

 

 

Article (5)
Answer to the Request; Counterclaims

5.1 

Within 30 days of receipt of the Request from the Centre, the Respondent shall  submit to the Centre an Answer to the Request ("the Answer") which shall include the following:

 

a. Its name in full, description and address, telephone, fax numbers, email address and other communication, reference for itself and its representative;

 

b. Its preliminary comments as to the nature and circumstances of the dispute giving rise to the claim(s);

 

c. Its preliminary response to the relief sought by the Claimant;

 

d. Any objection concerning the validity or applicability of the Arbitration Agreement;

 

e. Any comments concerning the number of arbitrators and their choice in light of the Claimant's  proposals and in accordance with Articles 8 and9, and if the arbitration agreement calls for party nomination of arbitrators, the name, address, telephone facsimile, numbers and email address (if known) of the Respondent's nominee; and

 

f. Any comments as to the place of arbitration, the applicable rules of law and the language of the arbitration.

5.2 

If the Claimant has filed a Statement of Claim with the Request for Arbitration pursuant to Article 4 (2)(a), the Answer to the Request may also be accompanied by the Statement of Defence referred to in Article 24.

5.3 

The Answer (including all accompanying documents) shall be submitted to the Centre in three copies, or if the parties have agreed or the Respondent considers that three arbitrators should be appointed, in five copies.

5.4 

With its Answer, or at a later stage in the arbitral proceedings if the arbitral tribunal decides that the delay was justified under the circumstances, the Respondent may make a counterclaim arising out of the same contract, and shall provide:

 

a. A brief description of the nature and circumstances of the dispute giving rise to the counterclaim(s); and

 

b. A preliminary statement of the relief sought, including, to the extent possible, an indication of any amount(s) counterclaimed.

5.5 

If the Respondent has submitted a counterclaim with its Answer, the Respondent shall make payment of the Registration Fee required by Appendix - Cost of Arbitration in force on the date the Answer is submitted together with its Answer. In the event that the Respondent fails to comply with this requirement, the submission of the counterclaim shall be invalid, without prejudice to the right of the Respondent to submit the same claim at a later date in another Request.

5.6 

Failure by the Respondent to submit an Answer shall not prevent the arbitration from proceeding pursuant to the Rules. However, if the Arbitration Agreement calls for party nomination of arbitrators, failure to send an Answer or to nominate an arbitrator within the time provided or at all will constitute an irrevocable waiver of that party's right to nominate an arbitrator.

5.7 

The Administrator may grant the Respondent an extension of time of up to 14 days for filing the Answer and any counterclaim, provided that the application for such an extension contains the Respondent's comments concerning the number of arbitrators, their choice and the nomination of an arbitrator if that was required in accordance with Articles 8 and 9. If the Respondent fails to do so, the Centre shall proceed with the appointment of the Tribunal in accordance with these Rules.

5.8 

The Centre shall communicate the Respondent's Answer and any counterclaim to the Claimant. The Claimant shall be given an opportunity to comment on any objections or pleas advanced by the Respondent.

 

 

Article (6)
Separability of Arbitration Agreement and Jurisdiction to Determine Existence and Validity of Arbitration Agreement

6.1

Unless otherwise agreed by the parties, an Arbitration Agreement which forms or was intended to form part of another agreement shall not be regarded as invalid, non-existent or ineffective because that other agreement is invalid, or did not come into existence or has become ineffective, and the Arbitration Agreement shall for that purpose be treated as a distinct agreement.

6.2 

If any party raises one or more pleas concerning the existence, validity, scope or applicability of the arbitration agreement, then the Executive Committee may decide, without prejudice to the admissibility or merits of the plea or pleas, that the arbitration shall proceed if it is prima facie satisfied that an arbitration agreement may exist under the Rules.  In such a case, any decision as to the jurisdiction of the Tribunal shall be taken by the Tribunal itself.  If the Executive Committee is not so satisfied, the parties shall be notified that the arbitration cannot proceed. In such a case, any party retains the right to ask any court having jurisdiction whether or not there is a binding arbitration agreement.

6.3 

A plea that the Tribunal does not have jurisdiction shall be raised not later than in the Statement of Defence or, with respect to a counterclaim, in any reply to the counterclaim.

6.4 

In general, the Tribunal should rule on a plea concerning its jurisdiction as a preliminary question.  However, the Tribunal may proceed with the arbitration and rule on such a plea in the arbitral award.

 

 

Article (7)
Representation

7.1 

The parties may be represented or assisted by persons of their choice, irrespective of, in particular, nationality or professional qualification. The names, addresses and telephone, fax, e-mail other communication references of such representatives shall be included in the Request and/or the Answer, as required by Articles 4 and 5 above.

7.2 

Each party shall ensure that its representatives have sufficient time available to carry out his duties and enable the arbitration to proceed expeditiously.

7.3 

At any time the Tribunal may require from any party proof of authority granted to its representative(s) in such form as the Tribunal may determine.

 
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