Response to Request for Arbitration (LCIA Rules) by OLL

ARBITRATION NO. [insert case number as provided by the registrar of the lcia court]

IN THE MATTER OF AN ARBITRATION UNDER ARBITRATION RULES OF LONDON COURT OF

INTERNATIONAL ARBITRATION

BETWEEN:

[name of claimant]

(CLAIMANT)

-AND-

[name of respondent]

(RESPONDENT)

RESPONSE TO THE REQUEST FOR ARBITRATION

[respondent’s legal representative’s law firm]

[respondent’s legal representatives’ postal address]

[respondent’s legal representatives’ telephone number]

[respondent’s legal representatives’ facsimile number]

[respondent’s legal representatives’ e-mail]

Legal Representative for Respondent [date of the response]

I. INTRODUCTION

This Response to Claimant’s Request 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 2 of Arbitration Rules of London Court of International Arbitration in force as from 1 October 2014 (the “LCIA Rules”).

In this Response, unless otherwise stated, Respondent adopts the abbreviations used in Claimant’s Request for Arbitration.

Unless otherwise stated, capitalised terms shall have the meanings given to them in the Request.

Unless expressly admitted, each paragraph of the Request and all of the claims advanced by the Claimant in the Request are denied by Respondent.

Pursuant to Article 2 of LCIA Rules, this Response contains information concerning the following:

i. The name, description and contact information 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(s) of the arbitration (VI);

vi. Respondent’s counterclaims and/or cross claims (VII);

vii. Relief sought (VIII); and

viii. Confirmation of the delivery of the Response to all other parties (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 postal address].

Respondent’s postal address is:

[Respondent’s name]

[Respondent’s postal address in full]

[Attention: name of Respondent’s director]

[Respondent’s telephone number]

[Respondent’s facsimile number]

[Respondent’s e-mail]

Respondent’s legal representatives, to whom all correspondence should be sent in this arbitration, are:

[respondent’s legal representatives’ law firm]

[Name of the partner in charge of representing Respondent]

[Names of other lawyers]

[Respondent’s legal representatives’ postal address]

[Respondent’s legal representatives’ telephone number]

[Respondent’s legal representatives’ facsimile number]

[Respondent’s legal representatives’ 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 postal address].

III. RESPONDENT’S COMMENTS AS TO THE ARBITRAL TRIBUNAL’S JURISDICTION [NOTE: ARTICLE 2.1(II) LCIA RULES]

[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 Request for Arbitration, Claimant nominated [name of arbitrator] as [Co- Arbitrator / Sole Arbitrator], whose contact information is:

[Arbitrator’s name]

[Arbitrator’s postal address in full]

[Arbitrator’s telephone number]

[Arbitrator’s facsimile number]

[Arbitrator’s e-mail]

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 postal address in full]

[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 Arbitral Seat

(b) Governing Law

(c) The Language(s) of Arbitration

VII. [OPTIONAL] RESPONDENT’S DEFENCE AND COUNTERCLAIMS [AND/OR CROSS CLAIMS]

(a) Respondent’s defence to Claimant’s claims in the Request

(b) Factual Background to Counterclaims [and/or cross claims]

[Explain Claimant’s conduct which gives rise to the counterclaims and/or cross- claim.]

(c) Claimant’s Violations of Its Legal Obligations

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

VIII. RELIEF SOUGHT

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

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. declare that any other party has violated its obligations under [contract / other basis for liability];

vi. order any other party to compensate Respondent for the damages and losses suffered as a result of any other party’s conduct, currently estimated to be in the amount of [insert estimation of damages suffered by Respondent];

vii. order Claimant [or Claimant and/or any other party] to pay all arbitration costs, including Respondent’s legal representative’s costs and expenses; and

viii. order Claimant [or Claimant and/or any other party] to pay the interest rate of [insert the interest rate that is arguably applicable] on all of the amounts as of the date these amounts were due, until the date of their effective payment.

ix. 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. CONFIRMATION OF DELIVERY OF THE RESPONSE TO ALL OTHER PARTIES

Pursuant to Article 2.1(vi) of the LCIA Rules, Claimant is delivering copies of the Response (including all accompanying documents) to all other parties to the arbitration.

Respectfully submitted,

[Signature of Respondent’s legal representative]

[Name of lawyer representing Respondent]

[legal representative for respondent]

[Respondent’s legal representatives’ postal address]

[Respondent’s legal representatives’ telephone]

[Respondent’s legal representatives’ facsimile number]

[Respondent’s legal representative’s e-mail]

[Date of the Response]

[OPTIONAL] Exhibits submitted with the Response to the Request for Arbitration [and counterclaim(s)]