Response to Notice of Arbitration (UNCITRAL Rules) by OLL

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

NATIONS COMMISSION ON INTERNATIONAL TRADE LAW

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 fax]

Legal representative for Respondent [Date of the Response]

I. INTRODUCTION

This Response to Claimant’s Notice for 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 of the Arbitration Rules of The United Nations Commission on International Trade Law in force as from 15 August 2010 (the “UNCITRAL Arbitration 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 is denied by Respondent.

Pursuant to Article 4 of the UNCITRAL Arbitration 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 counterclaims [if applicable] (VII); and

vii. Relief sought (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].

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]

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 fax 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].

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

[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

(b) The Parties’ Respective Legal Obligations

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 in full]

[Arbitrator’s telephone number]

[Arbitrator’s fax number]

[Arbitrator’s e-mail]

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

Pursuant to Article [specify Article of the contract which provides for this], Respondent proposes to designate [name appointing authority] as the appointing authority.

VI. RESPONDENT’S COMMENTS AS TO THE PLACE OF ARBITRATION, THE APPLICABLE RULES OF LAW AND THE LANGUAGE OF THE ARBITRATION [NOTE: ARTICLE 4.1(B) UNCITRAL ARBITRATION RULES]

(a) The Place of Arbitration

(b) Governing Law

(c) The Language of Arbitration

VII. [OPTIONAL] RESPONDENT’S COUNTERCLAIMS

(a) Factual Background to Counterclaims

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

(b) Claimant’s Violations of Its Legal Obligations

[Explain basis of Claimant’s liability]

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

[Provide preliminary estimate of Respondent’s losses]

VIII. RELIEF SOUGHT [NOTE: ARTICLES 4.2(E) UNCITRAL ARBITRATION RULES]

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

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.

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

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 fax]

[Respondent’s representative’s e-mail]

[Date of the Response]

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