"A dispute having arisen between the parties concerning , the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be one/three. The seat, or legal place, of arbitration shall be City and/or Country.
Always get straight to the merits without berating the other side or whining about how badly it has treated you. Another threat to your credibility is the “kitchen sink” arbitration demand or a response that includes numerous claims or defenses that have little chance of succeeding.
Outline a concise factual background and then move on to a discussion of the issues at the heart of the case. Your arguments should flow easily from the relevant facts and applicable law. And, by all means, avoid exaggeration of the strengths of your case as well as disparagement of the opposing side.
Arbitrations usually involve one or more hearings before the tribunal, where the parties' lawyers put forward arguments and question the other party's witnesses and experts. Hearings can last from half a day to many weeks or even months depending on the issues at stake.
Unlike litigation, arbitration is generally less formal, more confidential, and can be tailored to the specific needs of the parties. This makes it particularly attractive in complex commercial disputes, where the nuances of the industry and the need for specialised knowledge are paramount.
Arbitration is an informal trial held before a neutral court official called an arbitrator. Compared to a regular trial, arbitration is intended to be an easier, quicker, and less expensive way to resolve disputes.
A claimant will typically start arbitration by sending a document known as a “request for arbitration” or a “notice to arbitrate” to its opponent.
Parties are encouraged to file their Requests electronically using ICC Case Connect. Via the Request form, claimant(s) will be invited to supply key information in relation to their Request, and to upload their Request and any relevant annexes.
Much like the opening statement in a trial, your arbitration statement should lay out what the “evidence” – the written material – will show regarding the proper credit on the project. The Arbitration Statement is not established fact, just your assessment of the material.