The Notice Initiating Arbitration and the Response
The uncitral arbitration rules ensure fairness and clarity of the arbitration proceeding , by making sure that parties are fairly notified of when the proceedings were initiated, what documents have been submitted to the tribunal, and what opportunities exist during the proceedings to present its case.
The introductory rules regulate the initial phase of the arbitration, which requires the claimant to submit a Notice of Arbitration and the respondent to respond with a Response to the Notice of Arbitration.
tHE RULES list the information that the claimant must include in the notice of arbitration as follows:
First, a demand that the dispute be referred to arbitration.
Second, to identify the names and contact details of the parties to the dispute,
Third the arbitration agreement invoked
Fourth, the contract or any other legal instrument out of which the dispute arises, to provide a brief description of the claim and amount involved.
Fifth, , the remedy or relief sought by the claimant
And the Claimant’s proposal regarding the number of arbitrators, the language, and the place of arbitration, if not previously agreed between the parties.
In addition, The Notice of Arbitration may also include other optional details, such as the claimant’s proposal for the appointment of an appointing authority , or to propose the name of a sole arbitrator , or the name of the arbitrator who the claimant appoints.
The Response to the Notice of Arbitration
As The arbitration starts when the respondent receives the Notice of Arbitration , the respondent must submit his reply to his opponent’s notice of arbitration with a 30-day time limit of receiving the notice.
Once received, the respondent has the option of accelerating the proceedings, by including additional details in his response, like any proposals to the appointment of an appointing authority; or the appointment of a sole arbitrator; or to name the arbitrator appointed by the respondent.
The respondent can also add to his response, a brief description of counterclaims , and any objection challenging the arbitral tribunal jurisdiction.
The Uncitral rules ensure that any inadequacies, insufficiency or lateness in the submission of notice or the Response , do not prevent the arbitral proceedings from moving forward, as the tribunal has the power and discretion to proceed as it considers appropriate, by resolving any delay caused by the filing of an insufficient notice or response.
In particular this problem may be even more critical in ad hoc arbitration, where no arbitral institution supervises the arbitration.
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