Response to Notice of Arbitration (SIAC Rules) by OLL

ARBITRATION NO. [INSERT CASE NUMBER AS PROVIDED BY THE SIAC REGISTRAR]

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

INTERNATIONAL ARBITRATION CENTRE

BETWEEN:

[NAME OF CLAIMANT]

(CLAIMANT)

-AND-

[NAME OF RESPONDENT]

(RESPONDENT)

RESPONSE TO THE NOTICE OF ARBITRATION

[Respondent’s representative’s law firm]

[Respondent’s representative’s law firm]

[Respondent’s representative’s address]

[Respondent’s representative’s telephone]

[Respondent’s representative’s facsimile number]

Legal representative for Respondent [Date of the Response]

I. INTRODUCTION

This Response to Claimant’s Notice of Arbitration (hereinafter the “Response”), OPTIONAL: together with its Exhibits numbered R-1 to R-[•], is submitted on behalf of [Name of Respondent] (hereinafter “Respondent”) pursuant to Article 4.1 of the Arbitration Rules of the Singapore International Arbitration Centre in force as from 1 August 2016 (the “SIAC Rules”).

In this Response, 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 4.1 of SIAC Rules, this Response 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) (VII);

vii. Relief sought (VIII); and

viii. Respondent’s payment of requisite filing fee (IX)

II. THE PARTIES

A. Respondent

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]

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

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 relevant.]

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

[NOTE: if jurisdiction is contested] [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

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

(b) The Parties’ Respective Legal Obligations

[Cite and explain relevant contractual or legal provisions]

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

[Provide preliminary estimate of Respondent’s losses]

V. RESPONDENT’S COMMENTS CONCERNING THE COMPOSITION OF THE ARBITRAL TRIBUNAL

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

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

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 Seat of Arbitration

[Insert Respondent’s comments as to the place of arbitration] [Respondent may confirm the statement made by Claimant in the Request. In case of non- confirmation, Respondent should state its choice and reasons.]

(b) The Applicable Rules of Law

[Insert Respondent’s comments as to the governing law] [Respondent may confirm the statement made by Claimant in the Request. In case of non-confirmation, Respondent should state its choice and reasons.]

(c) The Language of Arbitration

[Insert Respondent’s comments as to the language of the arbitration] [Respondent may confirm the statement made by Claimant in the Request. In case of non- confirmation, Respondent should state its choice and reasons.]

VII. [OPTIONAL] RESPONDENT’S COUNTERCLAIMS

(b) Factual Background to Counterclaims

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

(c) Claimant’s Violations of Its Legal Obligations

[Explain basis of Claimant’s liability]

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

[Provide preliminary estimate of Respondent’s losses]

VIII. RELIEF SOUGHT

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

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 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.

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

IX. PAYMENT OF REQUISITE FILLING FEE

[OPTIONAL: if Respondent files any counterclaim] Pursuant to SIAC Schedule fees and Article 4.3 of the SIAC Rules, Claimant is sending an advance payment of with the current Response to the Notice of 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]

Legal representative for Respondent

[Respondent’s representative’s address]

[Respondent’s representative’s Telephone]

[Respondent’s representative’s Facsimile]

[Respondent’s representative’s Email]

[Date of the Request]

[OPTIONAL] Exhibits submitted with the Response to the Notice of Arbitration [and Counterclaim(s)]