# Draft Notice Of Arbitration Scenario 02 > Ensures a notice of arbitration treats service availability and data-loss allegations as distinct claims, states an accurate incident timeline, includes the governing law, and references the filing fee. - Skill: `finchipaiorg/draft-notice-of-arbitration-scenario-02` (Agent Skill) - Install (CLI): `npx skillmds@latest add finchipaiorg/draft-notice-of-arbitration-scenario-02` - Raw SKILL.md: https://api.skillmd.com/api/skills/finchipaiorg/draft-notice-of-arbitration-scenario-02/raw - Safety review: pending - Works with: Claude Code, Claude.ai, OpenAI Codex - Category: Coding & Dev Tools - Author: FinchipAIOrg (https://skillmd.com/u/finchipaiorg) - Updated: 2026-09-22 - Page: https://skillmd.com/skills/finchipaiorg/draft-notice-of-arbitration-scenario-02 --- # Skill: ICDR Notice of Arbitration (Cloud Services SLA Breach) ## 1. Subject-matter triage (only if applicable) - Draft a standalone notice of arbitration, not a memo or issue list. - Treat the service outage allegation and any data-loss allegation as potentially distinct claims unless the source documents clearly collapse them into one theory. - Use the operative contract, correspondence, damages memo, and data records as the hierarchy of facts; if they conflict, privilege the most authoritative operational record. - If the source set contains one incident only, say so expressly and frame all claims around that single event rather than implying multiple incidents. ## 2. Failure modes the skill is correcting - Merges uptime failure and data-loss harm into one undifferentiated claim, obscuring different liability theories, proof, and damages. - States the incident chronology loosely instead of anchoring it to the monitoring record and related correspondence. - Omits the agreement’s governing law or treats it as background rather than a required notice element. - Fails to reference the concurrent filing fee submission. - Mixes contractual breach allegations with damages assumptions without tying each to a source document. - Uses broad narrative instead of a clean arbitration initiation that identifies the parties, contract, dispute, relief, and arbitrator proposal. ## 3. Legal frameworks / domain conventions that apply - ICDR notice practice: identify the parties, the arbitration agreement, the contract at issue, the nature of the dispute, the relief sought, and the requested arbitrator configuration. - Contract interpretation: plead the claims under the agreement’s express service levels, remedies, limitation clauses, and governing law, rather than generic service complaints. - Distinct harm framing: service availability breach and data-loss breach may be separate contractual injuries measured by different standards; plead them separately when the record supports that distinction. - Timeline accuracy: use the monitoring data and any incident log as the primary source for start time, duration, scope, and restoration; avoid rounded or inconsistent times. - Governing law citation: state the governing law clause from the master agreement or equivalent operative contract. - Arbitrability and notice sufficiency: the notice should be specific enough to put the respondent and administering institution on notice of the contractual dispute and the relief demanded. - Liability framing: acknowledge any contractual liability cap or damages limitation only to the extent it is relevant to the notice and consistent with the source documents. - Supporting authority: cite the rule or clause that supports each procedural statement you make; do not state procedural or substantive points without naming the governing source. ## 4. Analytical scaffolds - Identify the parties exactly as they appear in the contract and notice them in their capacity under the agreement. - State the arbitration agreement and administering rules invoked, then identify the contract(s) and provisions in dispute. - Plead the service-availability claim by linking the outage facts to the contractual uptime or performance commitment. - If data was lost or corrupted, plead that as a separate claim only if the source documents support a distinct data-protection, backup, restoration, or recovery commitment. - Use the authoritative incident record for: - start time - end time or restoration time - total duration - affected services or accounts - any separately affected data sets or records - Track each claimed harm to its own factual predicate and damages theory. - When the damages memo gives ranges, assumptions, or valuation-based figures, carry them forward as qualified estimates rather than converting them into hard facts. - If the contract contains a recovery objective or similar data-restoration standard, frame the breach against that standard rather than against uptime metrics. - State the requested relief in arbitration terms: monetary damages, fees and costs, and any other relief the contract permits. - State the number of arbitrators requested and any appointment proposal only if the contract or rules require or permit it. - Include the governing law clause verbatim only if necessary for accuracy; otherwise summarize it faithfully. - Include the filing-fee reference in the notice so the filing is procedurally complete. ## 5. Vertical / structural / temporal relationships (only if applicable) - Separate the chronology into pre-incident baseline, outage period, restoration period, and post-incident consequences. - Distinguish service interruption from downstream data effects; do not infer data loss merely from downtime. - If multiple systems, regions, customer cohorts, or data categories are implicated, describe them separately rather than as a single aggregate event. - If the damages memo distinguishes direct loss, mitigation cost, and projected or lifetime value effects, keep those categories separate and qualify any forward-looking assumption. - If the contract’s liability cap or exclusion clause applies differently to service credits, direct damages, or data incidents, note that structure without performing arithmetic in the notice. ## 6. Output structure conventions - Produce a formal Notice of Arbitration suitable for ICDR filing. - Include, in conventional order: - caption / party identification - arbitration agreement and governing contract - brief statement of the dispute - separate claim sections for service availability and, if supported, data-loss or restoration failures - incident chronology - damages summary with clearly qualified figures from the memo - governing law - requested relief - arbitrator proposal - filing-fee statement - signature block and service language as appropriate - Keep the notice factual, concise, and source-driven; avoid argument that belongs in a later statement of claim. - Preserve internal consistency across the narrative, dates, service names, and claimed harms. - Before finalizing, verify that the draft includes every operative filing element and that the claims are separated only to the extent the record supports separation.