ICC (2017)—responding to a Request for Arbitration
ICC (2017)—responding to a Request for Arbitration

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

  • ICC (2017)—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—what it must contain
  • Submitting the Answer to the Secretariat
  • Counterclaim in ICC arbitration
  • Reply to counterclaim (art 5(6))
  • Amendments to the Answer or the counterclaim

This Practice Note considers what a respondent should do upon receiving a Request for Arbitration under the 2017 International Chamber of Commerce (ICC) Rules of Arbitration (2017 ICC Rules). References in this Practice Note to articles of and appendices to the ICC Arbitration Rules are to the 2017 ICC Rules unless otherwise indicated.

The 2017 ICC Rules apply to any ICC arbitrations commenced on or after 1 March 2017, unless the parties have agreed to submit to the rules in force on the date of their arbitration agreement.

The 2017 ICC Rules include:

  1. an expedited procedure which automatically applies where the arbitration agreement is entered into after 1 March 2017 and the amount in dispute is below US$2m. In cases above this threshold, the parties must opt-in. For guidance on the ICC expedited procedure, see Practice Note: ICC Rules (2017)—expedited procedure

  2. amended costs provisions effective from 1 January 2017. For guidance on costs in ICC proceedings, see Practice Note: ICC (2017)—fees, advances and costs

For guidance on the 2012 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 ICC arbitration, see:

  1. Practice Note: ICC (2017)—starting an arbitration

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

Upon receiving