Documents in Arbitration

Notice of Arbitration

A notice of arbitration is where the whole process of arbitration starts, it sets out the claims of the party and also identifies the intention to initiate the arbitration. Unless any of the party does not show the interest to initiate arbitration the notices cannot be issued. The notice is the document where the parties show the interest to initiate Arbitration.

The opposition can reply the notice by denying the claims or make a counter claim or simply ignore the notice of arbitration.

If there is counter claim the other party can reply the defendant with the document called “The statement of defence” 

After the arbitrator is fixed the first step arbitrator takes is called “First procedural conference

The conference is about what should be the process of arbitration they can also fix how many pleadings they are going to have in the arbitration, Pleadings are simple documents which support the claim of the party.    

The parties or, if the parties fail to agree, the arbitral tribunal must determine the rules governing communications during the course of the proceedings between the parties, the arbitral tribunal and, where appropriate, the arbitral institution.

This entails specifying the addresses of the parties and their representatives, as well as those of the arbitrators, to whom documents can validly be sent. The permitted methods of communication (ordinary mail, courier delivery, telex or facsimile, for example) should also be specified, as should items such as when time limits for exchanges of evidence or memorials will be considered to have been met (on dispatch or receipt of the documents in question), the starting point for deadlines for the recipient’s response and any extension of deadlines falling on public holidays or weekends.

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