Notice of Arbitration (HKIAC Rules) by OLL
Respondent's formal reply to an HKIAC Notice of Arbitration. Admits/denies the claims, comments on jurisdiction, gives Respondent's account of the dispute, addresses tribunal composition and seat/law/language, and may fold in optional counterclaims and a Statement of Defence
This document comes from OLL's library of vetted legal templates.
ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE HKIAC]
IN THE MATTER OF AN ARBITRATION UNDER THE HONK KONG INTERNATIONAL
ARBITRATION CENTRE ADMINISTERED ARBITRATION RULES
BETWEEN:
[NAME OF CLAIMANT]
(CLAIMANT)
-AND-
[NAME OF RESPONDENT]
(RESPONDENT)
ANSWER TO THE NOTICE OF ARBITRATION
[NOTE: OR ANSWER TO THE NOTICE OF ARBITRATION AND COUNTERCLAIMS, IF APPLICABLE]
[Respondent’s counsel’s law firm]
[Respondent’s counsel’s law firm]
[Respondent’s counsel’s address]
[Respondent’s counsel’s telephone number]
[Respondent’s counsel’s facsimile number]
[Respondent’s counsel’s e-mail]
Counsel for Respondent [Date of the Answer]
[NOTE: Respondent’s Answer must be sent to the Centre within 30 days of receipt of the Notice of Arbitration pursuant to Article 5.1 of the HKIAC Rules]
[NOTE: The Answer to the Notice of Arbitration may include the Statement of Defence referred to in Article 17 if the Notice contained the Statement of Claim referred to in Article 16, pursuant to Article 5.3 HKIAC Rules]
I. INTRODUCTION
This Answer to Claimant’s Notice of 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 the Article 5 of the Arbitration Rules of the Hong Kong International Arbitration centre in force as from 1 November 2013 (the “HKIAC Rules”).
In this Answer, unless otherwise stated, Respondent adopts the abbreviations used in Claimant’s Notice of Arbitration.
Unless otherwise stated, capitalised terms shall have the meanings given to them in the Notice.
Unless expressly admitted, each paragraph of the Notice and all of the claims of the Notice are denied by Respondent.
Pursuant to Article 5 of the HKIAC 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 the relief sought by Respondent (VIII); and
viii. Confirmation of delivery of the Answer to all other parties (IX)
II. THE PARTIES
A. Respondent
NOTE: Article 5.1(a) HKIAC Rules
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].
Insert brief description of Respondent’s business activity, industry sector, size of business, number of employees, market position, revenue, etc., as relevant.
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]
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