ICC (2012)—responding to a Request for Arbitration
ICC (2012)—responding to a Request for Arbitration

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • ICC (2012)—responding to a Request for Arbitration
  • What to do on receiving the Request for Arbitration
  • Time for responding to the Request for Arbitration
  • The Answer
  • Submitting the Answer to the Secretariat
  • Counterclaim
  • Reply to counterclaim (art 5(6))
  • Amendments to the Answer or the counterclaim

This Practice Note considers what a respondent should do on receipt of a Request for Arbitration under the 2012 International Chamber of Commerce (ICC) Rules of Arbitration (2012 ICC Rules).

The 2012 ICC Rules apply to any ICC arbitration commenced on or after 1 January 2012, unless the parties have agreed to submit to the rules in force at the date of their arbitration agreement.

For guidance on the 2017 ICC Rules, see ICC arbitration—overview.

What to do on receiving the Request for Arbitration

An ICC Arbitration is commenced by the claimant submitting a Request for Arbitration (Request) to the ICC Secretariat. For more guidance on starting an arbitration, see:

  1. Practice Note: ICC (2012)—starting an arbitration

  2. Checklist: Starting an ICC (2017) arbitration—checklist

Upon receiving a Request, the respondent should, before responding, check:

  1. if the claim has been brought within any relevant limitation period (as, if not, this will form a defence to the claim)

  2. whether any pre-arbitration steps required by the arbitration agreement have been taken. For example, is there a pre-condition to mediate or engage in any other ADR procedure? If so, does the respondent wish to try to enforce it? (see: Cable & Wireless and Holloway v Chancery Mead)

  3. if the dispute will be dealt with properly by arbitration and, if not, whether the respondent wants to challenge the tribunal's jurisdiction,