Request for Arbitration (DIAC Rules) by OLL
This document is a model template for initiating a formal Request for Arbitration under the Dubai International Arbitration Centre (DIAC) rules. It provides a structured format for a claimant to outline the parties involved, the nature of the dispute, the legal basis for claims, and the specific relief or damages sought.
This document comes from OLL's library of vetted legal templates.
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)
REQUEST FOR ARBITRATION
[Claimant’s law firm]
[Claimant’s representative’s law firm]
[Claimant’s representative’s address]
[Claimant’s representative’s telephone number]
[Claimant’s representative’s fax number]
Representative for Claimant [Date of the Request]
[NOTE: The Request for Arbitration (including all accompanying documents) shall be submitted to the Centre in the number of copies equal to the number required to provide one copy for each arbitrator, one copy for the other party or parties and one for the Centre until such time as the Tribunal is constituted under articles 3.2 and 4.3 of the DIAC Rules]
[NOTE: the Request may also include the Statement of Claim itself, referred to in Article 23, pursuant to Article 4.2(a) of the DIAC Rules]
I. INTRODUCTION
1. This Request for Arbitration, [OPTIONAL: together with its Exhibits numbered C-1 to C-[•]], is submitted on behalf of [Name of Claimant] (hereinafter “Claimant”) pursuant to Article 4 of the Rules of Arbitration of the Dubai International Arbitration Centre in force as from 7 May 2007 (the “DIAC Rules”) against [Name of Respondent] (hereinafter “Respondent”), (hereinafter collectively referred to as the “Parties”).
2. This Request for Arbitration contains information concerning the following:
i. The name, description and address of each of the Parties (II);
ii. The Parties’ contractual relationship and the nature and circumstances of the Parties’ dispute giving rise to Claimant’s claims (III);
iii. The dispute resolution clause, the proposed governing law, the seat and language of the arbitration (IV);
iv. Claimant’s position as regards the composition of the Arbitral Tribunal (V);
v. Claimant’s damages (VI);
vi. A statement of the relief sought (VII);
vii. Claimant’s payment of Registration Fees (VIII);
3. This dispute principally concerns Respondent’s [insert brief description of breach and nature of claim(s)].
II. THE PARTIES
[NOTE: ARTICLE 4.1(B) DIAC RULES]
A. Claimant
4. 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].
[Insert brief description of Claimant’s business activity, industry sector, size of business, number of employees, market position, revenue etc. as appropriate.]
5. Claimant’s address is:
[Claimant’s name]
[Claimant’s address]
[Attention: name of Claimant’s director]
[Claimant’s telephone number]
[Claimant’s fax number]
[Claimant’s e-mail]
6. Claimant’s representative, to whom all correspondence should be sent in this arbitration, are:
[Claimant’s representative’s law firm]
[Name of the partner in charge of representing Claimant]
[Names of representatives and associates assisting the partner]
[Claimant’s representative’s address]
[Claimant’s representative’s telephone number]
[Claimant’s representative’s fax number]
[Claimant’s representative’s e-mail]
[NOTE: Article 4.1 (b) DIAC Rules]
B. Respondent
7. Respondent is [Name of Respondent], a company registered under the laws of [Name of country], 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 appropriate.]
8. Respondent’s contact information 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]
III. THE PARTIES’ CONTRACT AND THE NATURE AND CIRCUMSTANCES OF THE PARTIES’ DISPUTE GIVING RISE TO THE CLAIMS
[NOTE: ARTICLE 4.1(D) DIAC RULES]
(a) Factual Background
9.
[Define Respondent’s conduct which gives rise to the claims].
(b) Legal Basis of Claim
10.
[Explain the basis of Respondent’s liability, contractual or otherwise]
(c) Respondent’s Violations of Its Legal Obligations
11.
[Explain Respondent’s violations of its legal obligations]
IV. DISPUTE RESOLUTION CLAUSE, GOVERNING LAW, SEAT AND LANGUAGE OF THE ARBITRATION
(a) The Arbitration Clause
12. This arbitration is initiated pursuant to the arbitration agreement found at Article [specify Article of the contract where the Arbitration Agreement is found] of the Contract, which provides as follows:
[Insert the Arbitration Agreement in full and a copy of the contractual documentation in which it is found.] [NOTE: Article 4.1(c) DIAC Rules]
13. OPTIONAL: Arbitration may be commenced as Claimant has duly complied with all requirements provided for in the Arbitration Agreement. In particular, Claimant
[Demonstrate compliance with requirements of Arbitration Agreement e.g. obligation to negotiate/attempt to settle the dispute in good faith/amicably resolve dispute.]
(b) The Place of Arbitration
14. Pursuant to Article [specify Article of the contract where the seat of the arbitration is provided for] set out above, the place of the arbitration is [insert city and country].
[NOTE: according to Article 4.2(b) DIAC Rules, without any specification in the contract, Claimant may propose any choice appropriate and state reasons]
15.
[NOTE: Claimant may also add any comment as to the place of arbitration]
(a) The applicable Rules of Law
16. The Agreement is governed by the substantive laws of [specify which jurisdiction’s law applies to the contract] pursuant to Article [specify Article of the contract where this is found], which provides as follows:
[Cite the provisions where the applicable law is found, in full.]
[NOTE: according to Article 4.2(c) DIAC Rules, without any specification in the contract, Claimant may propose any choice appropriate and state reasons]
[NOTE: Claimant may also add any comment as to applicable law]
(a) The Language of Arbitration
18. Pursuant to Article [specify Article of the contract where the language of the arbitration is found] of the Contract, the language of the arbitration shall be [insert language of the arbitration].
[NOTE: according to Article 4.2(b) DIAC Rules, without any specification in the contract, Claimant may propose any choice appropriate and state reasons]
19.
[NOTE: Claimant may also add any comment as to the language of the arbitration.]
V. THE ARBITRAL TRIBUNAL [NOTE: ARTICLE 4.1(F) DIAC RULES]
20. Article [specify Article of the contract which provides for the constitution of the tribunal] of the Contract provides for [insert comments on constitution of tribunal including number of arbitrators, if identified in arbitration clause, and procedure of appointment. Invite Respondent’s nomination/comments.]
21. Pursuant to Article [specify Article of the contract which provides for the constitution of the tribunal], Claimant nominates [name of Co-Arbitrator] of [specify law firm or chambers, if applicable] for confirmation as Claimant’s Co-Arbitrator. To the best of Claimant’s knowledge, [name of Co-Arbitrator] is independent of the Parties involved in this arbitration. [Co- Arbitrator]’s contact details are as follows: [NOTE: Article 9.5 DIAC Rules]
[Co-Arbitrator’s name]
[Co-Arbitrator’s address]
[Co-Arbitrator’s telephone number]
[Co-Arbitrator’s facsimile number]
[Co-Arbitrator’s e-mail]
[NOTE: in the case of a three-member tribunal]
22. Pursuant to Article [specify Article of the contract which provides for the constitution of the tribunal], Claimant nominates [name of proposed Sole Arbitrator] of [specify law firm or chambers, if applicable] for confirmation as Sole Arbitrator. To the best of Claimant’s knowledge, [name of proposed Sole Arbitrator] is independent of the Parties involved in this arbitration. [name of proposed Sole Arbitrator]’s contact details are as follows: [NOTE: Article 8 DIAC Rules]
[Sole Arbitrator’s name]
[Sole Arbitrator’s address]
[Sole Arbitrator’s telephone number]
[Sole Arbitrator’s facsimile number]
[Sole Arbitrator’s e-mail]
[NOTE: when making the nomination of arbitrator, Claimant should pay attention to make its choice in accordance with Articles 8, 9, 10, 11, and 12 of DIAC Rules.]
[NOTE: in case the Arbitration Agreement provides for a Sole Arbitrator]
VI. CLAIMANT’S DAMAGES
[NOTE: ARTICLE 4.1(D) DIAC RULES]
23.
[Insert description of Claimant’s damages arising from Respondent’s violations of its legal obligations.]
24. Claimant’s total damages are currently estimated at [insert estimation of the damages suffered by Claimant].
25. Claimant is also entitled to interest of [explain how interest is to be calculated] on these amounts.
[NOTE: this should include the amounts of all quantified claims and, to the greatest extent possible, an estimate of the monetary value of any other claims]
VII. RELIEF SOUGHT
[NOTE: ARTICLE 4.1(D) DIAC RULES]
26. As a result, Claimant respectfully Requests the Arbitral Tribunal to issue an award:
i. declaring that the Arbitral Tribunal has jurisdiction to consider the dispute described herein between the Parties;
i. declaring that Respondent violated its obligations by [describe basis of Respondent’s liability];
ii. ordering Respondent to compensate Claimant for the damages and losses suffered as a result of Respondent’s breaches of the Contract, currently estimated to be in the amount of [insert estimation of the damages suffered by Claimant];
iii. ordering Respondent to pay all arbitration costs, including Claimant’s representative’s costs and expenses; and
iv. ordering payment by Respondent of interest at a rate of [insert the interest rate provided for in the contract] pursuant to [cite basis for determining interest] on all of the above amounts as of the date these amounts were due, until the date of their effective payment.
27. For the avoidance of doubt, Claimant reserves its right to:
i. raise any and all further claims arising out of or in connection with the disputed matters described in this Request for Arbitration or otherwise arising between the Parties; and
ii. amend and/or supplement the relief sought herein;
iii. produce such factual or legal arguments or evidence (including witness testimony, expert testimony and documents) as may be necessary to present its case or rebut any case which may be put forward by Respondent; and
iv. seek interim and provisional measures before this Arbitral Tribunal or any competent national court.
VIII. PAYMENT OF REGISTRATION FEE [NOTE: ARTICLE 4.4 DIAC RULES]
28. Pursuant to Article 1 of Appendix - Cost of Arbitration – and Article 4.4 of the DIAC Rules, Claimant is sending an advance payment of Dhs 5,000 with the current Request for Arbitration. Claimant acknowledges that this payment is non-refundable and shall be credited to its portion of the advance on costs.
Respectfully submitted,
[Signature of Claimant’s representative]
[Name of partner representing Claimant]
[Name of law firm representing Claimant]
Representative for Claimant
[Claimant’s representative’s address]
[Claimant’s representative’s telephone number]
[Claimant’s representative’s fax number]
[Claimant’s representative’s e-mail]
[Date of the Request]
[OPTIONAL] Exhibits submitted with the Request for Arbitration
Exhibit | Exhibit number | |
1. | [•] | C-1 |
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