Model Answer to ICC Request for Arbitration

ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE ICC SECRETARIAT]

IN THE MATTER OF AN ARBITRATION UNDER THE RULES OF THE INTERNATIONAL COURT OF

ARBITRATION OF THE INTERNATIONAL CHAMBER OF COMMERCE

BETWEEN:

[NAME OF CLAIMANT]

(CLAIMANT)

-AND-

[NAME OF RESPONDENT]

(RESPONDENT)

ANSWER TO THE REQUEST FOR ARBITRATION

[Respondent’s Counsel law firm]

[Respondent’s Counsel’s law firm]

[Respondent’s Counsel’s address]

[Respondent’s Counsel’s telephone]

[Respondent’s Counsel’s fax]

Counsel for Respondent [Date of the Answer]

I. INTRODUCTION

1. This Answer to Claimant’s Request for Arbitration (hereinafter the “Answer”), OPTIONAL: together with its Exhibits numbered R-1 to R-[•], is submitted on behalf of [Name of Respondent] (hereinafter “Respondent”) pursuant to Article 5 of the Rules of Arbitration of the International Chamber of Commerce in force as from 1 January 2012 (the “ICC Rules”).

2. In this Answer, unless otherwise stated, Respondent adopts the abbreviations used in Claimant’s Request for Arbitration.

3. Unless otherwise stated, capitalised terms shall have the meanings given to them in the Request.

4. Unless expressly admitted, each paragraph of the Request is denied by Respondent.

5. Pursuant to Article 5 of the Rules of Arbitration of the International Chamber of Commerce (“ICC Rules”), this Answer contains information concerning the following:

i. The name, description and address of each of the Parties (II);

ii. Respondent’s comments as to the Arbitral Tribunal’s jurisdiction (III);

iii. Respondent’s position as regards the nature and circumstances of the dispute (IV);

iv. Respondent’s comments concerning the composition of the Arbitral Tribunal (V);

v. Respondent’s comments as to the place of arbitration, the applicable rules of law and the language of the arbitration (VI);

vi. Respondent’s counterclaim(s) [if applicable] (VII); and

vii. Relief sought (VIII).

II. THE PARTIES

A. Respondent

6. Respondent is [Name of Respondent], a company registered under the laws of [Name of country or jurisdiction], with its registered office located at [Complete address].

7. Respondent’s address is:

[Respondent’s name]

[Respondent’s address in full]

[Attention: name of Respondent’s director]

[Respondent’s Telephone number]

[Respondent’s Fax number]

[Respondent’s E-mail]

8. Respondent’s counsel, to whom all correspondence should be sent in this arbitration, are:

[Respondent’s Counsel’s law firm]

[Name of the partner in charge of representing Respondent]

[Names of other lawyers]

[Respondent’s Counsel’s address]

[Respondent’s Counsel’s Telephone number]

[Respondent’s Counsel’s Fax number]

[Respondent’s Counsel’s E-mail]

B. Claimant

9. Claimant is [Name of Claimant], a company registered under the laws of [Name of country or jurisdiction], with its registered office located at [Complete address].

III. RESPONDENT’S COMMENTS AS TO THE ARBITRAL TRIBUNAL’S JURISDICTION

10. [NOTE if jurisdiction is contested] [Arguments] As a result, an Arbitral Tribunal lacks jurisdiction to hear any dispute between Claimant and [name of Respondent] or any complaints which Claimant purports to have in relation to [name of Respondent].

IV. THE NATURE AND CIRCUMSTANCES OF THE DISPUTE

(a) Factual Background

11. [Explain factual background of the dispute from Respondent’s perspective.].

(b) The Parties’ Respective Legal Obligations

12. [Cite and explain relevant contractual or legal provisions]

V. RESPONDENT’S COMMENTS CONCERNING THE COMPOSITION OF THE ARBITRAL TRIBUNAL [NOTE: ARTICLE 5(1)(E) ICC RULES]

13. In its Request for Arbitration, Claimant nominated [name of arbitrator] as [Co- Arbitrator / Sole Arbitrator], whose contact information is [insert contact information of arbitrator].

14. Respondent contests the nomination of [name of arbitrator] on the grounds that [arguments].

15. Respondent nominates [name of arbitrator] to serve as [Co-Arbitrator / Sole Arbitrator], whose details are the following:

[Arbitrator’s name]

[Arbitrator’s address in full]

[Arbitrator’s telephone number]

[Arbitrator’s fax number]

[Arbitrator’s e-mail]

VI. RESPONDENT’S COMMENTS AS TO THE PLACE OF ARBITRATION, THE APPLICABLE RULES OF LAW AND THE LANGUAGE OF THE ARBITRATION

(a) The Seat of Arbitration

16.

(b) Governing Law

17.

(c) The Language of Arbitration

18.

VII. [OPTIONAL] RESPONDENT’S COUNTERCLAIMS

(a) Factual Background to Counterclaims

19. [Explain Claimant’s conduct which gives rise to the counterclaims.]

(b) Claimant’s Violations of Its Legal Obligations

20. [Explain basis of Claimant’s liability]

[NOTE: where counterclaims are made under more than one arbitration agreement, indicate the arbitration agreement under which each counterclaim is made, Article 5(5)(d) ICC Rules]

(c) Respondent Has Suffered Losses of [amount] for Which Claimant Is Liable

21. [Provide preliminary estimate of Respondent’s losses]

VIII. RELIEF SOUGHT

22. Respondent rejects Claimant’s claims as set out in its Request and rejects the relief sought in its Request.

23. Claimant respectfully requests the Arbitral Tribunal to:

i. dismiss all Claimant’s claims on the ground of an Arbitral Tribunal’s lack of jurisdiction with respect to a dispute between Claimant and [Respondent’s name].

ii. Dismiss Claimant’s claim in their entirety;

iii. declare that Claimant has violated its obligations under [contract / other basis for liability];

iv. order Claimant to compensate Respondent for the damages and losses suffered as a result of Claimant’s conduct, currently estimated to be in the amount of [insert estimation of damages suffered by Respondent];

v. order Claimant to pay all arbitration costs, including Respondent’s counsel’s costs and expenses; and

vi. order payment by Claimant of interest at a rate of [insert the interest rate that is arguably applicable] on all of the above amounts as of the date these amounts were due, until the date of their effective payment.

vii. order any further and/or additional relief as the Tribunal may deem appropriate.

24. Respondent reserves its right to further develop its arguments and the amount of relief it is seeking.

Respectfully submitted,

[Signature of Respondent’s Counsel]

[Name of lawyer representing Respondent]

Counsel for Respondent

[Respondent’s Counsel’s address]

[Respondent’s Counsel’s Telephone]

[Respondent’s Counsel’s Fax]

[Respondent’s Counsel’s Email]

[Date of the Answer]

[OPTIONAL] Exhibits submitted with the Answer to the Request for Arbitration [and Counterclaim(s)]