Model DIAC Answer to Request for Arbitration

ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE DIAC CENTRE]

IN THE MATTER OF AN ARBITRATION UNDER ARBITRATION RULES OF THE DUBAI

INTERNATIONAL ARBITRATION CENTRE

BETWEEN:

[NAME OF CLAIMANT]

(CLAIMANT)

-AND-

[NAME OF RESPONDENT]

(RESPONDENT)

ANSWER TO THE REQUEST FOR ARBITRATION

[Respondent’s representative’s law firm]

[Respondent’s representative’s law firm]

[Respondent’s representative’s address]

[Respondent’s representative’s telephone number]

[Respondent’s representative’s facsimile number]

Representative 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 Arbitration Rules of the Dubai International Arbitration Centre in force as from 7 May 2007 (the “DIAC 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 and all of the claims of the Request are denied by Respondent.

5. Pursuant to Article 5 of DIAC 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);

vii. Respondent’s position regarding the relief sought by Claimant and relief sought by Respondent (VIII); and

viii. Respondent’s payment of the Registration Fees (IX)

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]

[Attention: name of Respondent’s director]

[Respondent’s telephone number]

[Respondent’s facsimile number]

[Respondent’s e-mail]

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

[Respondent’s representative’s law firm]

[Name of the partner in charge of representing Respondent]

[Names of other lawyers]

[Respondent’s representative’s address]

[Respondent’s representative’s telephone number]

[Respondent’s representative’s facsimile number]

[Respondent’s representative’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. [Arguments] As a result, the 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

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. [NOTE: if Respondent contests the Arbitrator nominated by Claimant] Respondent contests the nomination of [name of arbitrator] on the grounds that [arguments].

15. [NOTE: ability of Respondent to appoint arbitrator depends on terms of arbitration agreement] Respondent nominates [name of arbitrator] to serve as [Co-Arbitrator / Sole Arbitrator], whose details are the following:

[Arbitrator’s name]

[Arbitrator’s address]

[Arbitrator’s telephone number]

[Arbitrator’s facsimile 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 Place of Arbitration

16.

(b) The Applicable Rules of Law

17.

(c) The Language of Arbitration

18.

VII. RESPONDENT’S COUNTERCLAIMS

(a) Factual Background to Counterclaims

19.

(b) Claimant’s Violations of Its Legal Obligations

20.

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

21.

VIII. RESPONDENT'S POSITION REGARDING THE RELIEF SOUGHT BY THE CLAIMANT AND RELIEF SOUGHT BY RESPONDENT

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

23. Respondent 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 Representative’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.

IX. RESPONDENT’S REGISTRATION FEE

25. [Optional: If Respondent files counterclaims] Pursuant to Article 1 of Appendix - Cost of Arbitration and Article 5.5 of the DIAC Rules, Respondent is sending an advance payment of Dhs 5,000 with the current Answer to the Request for Arbitration. Respondent acknowledges that this payment is non-refundable and shall be credited to its portion of the advance on costs.

Respectfully submitted,

[Signature of Respondent’s representative]

[Name of lawyer representing Respondent]

Representative for Respondent

[Respondent’s representative’s address]

[Respondent’s representative’s telephone number]

[Respondent’s representative’s facsimile number]

[Respondent’s representative’s e-mail]

[Date of the Answer]

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