Draft Arbitration Request

Draft — Request for Arbitration

When to use this

Use this skill when a client wishes to initiate institutional arbitration under an arbitration clause or standalone arbitration agreement. The Request for Arbitration (RfA) — also called Notice of Arbitration under some rules — is the document that formally commences proceedings, sets the clock running on procedural timelines, and defines the scope of the dispute.

Filing deadline is paramount: verify whether a contractual limitation period or statutory time-bar applies before drafting. In many MENA jurisdictions, limitation periods under the applicable substantive law (civil code) run in parallel with any contractual period.

Required inputs

Document structure

1. Identification of parties

CLAIMANT:
  [Full legal name]
  [Registered address]
  [Registration No. / ID]
  Represented by: [Counsel name and firm, if applicable]
  Contact for notices: [Email and address]

RESPONDENT:
  [Full legal name]
  [Registered address]

2. Reference to the arbitration agreement

Attach and quote the arbitration clause verbatim. State:

• Name of the contract containing the clause (or standalone agreement).
• Date of execution.
• Clause or article number.
• Why the dispute falls within the scope of the clause.

"The Claimant invokes the arbitration clause contained in Article [X] of the [Contract Name] dated [Date] between the Claimant and Respondent, which provides: '[verbatim text of clause]'."

3. Summary of the dispute

Provide a concise but sufficiently detailed chronological narrative:

• The commercial relationship and its background.
• The key events giving rise to the dispute (with dates).
• The Respondent's acts or omissions that constitute the breach (or other wrong).
• How those acts/omissions caused the Claimant's loss.

At filing stage: you need enough detail to define the dispute for jurisdictional purposes and any limitation period analysis, but the full Statement of Claim (merits brief) comes later. Do not over-commit at this stage.

4. Legal basis of claims

State the legal framework:

• Breach of contract under [governing law]: specify the articles/provisions breached.
• Tort or unjust enrichment if applicable.
• For ICSID: investment treaty and BIT provision invoked.

5. Relief sought

Be specific and exhaustive here — claims not pleaded in the RfA may be barred under some rules:

• Principal sum: state currency and amount.
• Interest: pre-award interest from [date of breach]; post-award interest at [rate]. For KSA seat or KSA-governing-law clauses: interest framing is sensitive — use "financial compensation for delay" language tied to actual loss.
• Costs: legal fees, expert fees, arbitration costs.
• Declaratory relief: what declaration is sought.
• Any other relief the tribunal deems fit (catch-all).

6. Arbitrator nomination (if required by the rules)

For three-arbitrator tribunals, the Claimant typically nominates one co-arbitrator in the RfA. State:

• Nominated arbitrator's full name.
• Confirmation that the nominated arbitrator has been contacted and is available.
• Brief statement of qualifications relevant to the dispute.

7. Procedural matters

• Proposed seat (if the clause does not fix it).
• Proposed language.
• Proposed number of arbitrators (if not fixed).

8. Filing fee

Attach proof of payment of the registration/filing fee. Verify the current fee schedule directly with the institution — fee schedules change.

9. Signature and service on Respondent

• Signed by Claimant or authorized counsel.
• Under most institutional rules, simultaneous service on Respondent is required — use the method specified in the arbitration clause's notice provision, or as specified in the rules.

Institution-specific requirements

DIAC (Dubai International Arbitration Centre) — Rules 2022

• File via DIAC online portal: https://diac.ae
• Article 4, DIAC Rules 2022: identification, dispute summary, relief, copy of arbitration clause, arbitrator nomination if applicable.
• Filing triggers DIAC's 30-day response window for the Respondent.
• DIAC registration fee: scale based on amount in dispute (see current DIAC fee schedule).
• Seat defaults to Dubai unless parties specify otherwise.

ICC (International Chamber of Commerce) — Rules 2021

• File with ICC Secretariat (Paris or regional offices including Abu Dhabi, Singapore).
• Article 4, ICC Rules 2021: identification, arbitration agreement copy, dispute description, relief, nominated arbitrator.
• ICC advance on costs: paid by Claimant on filing; Respondent shares subsequently.
• The ICC Secretariat scrutinizes the award — higher institutional oversight than DIAC or LCIA.
• For MENA disputes: ICC has an Abu Dhabi regional office and strong regional caseload.

DIFC-LCIA / LCIA — Rules 2020

• DIFC-LCIA merged operations into LCIA in 2021; DIFC seat is still available.
• Article 1, LCIA Rules 2020: file with LCIA Registrar (London) via online portal.
• Notice of Arbitration (LCIA terminology) must include: parties, dispute summary, arbitration agreement copy, relief sought.
• LCIA Registration fee + hourly-rate tribunal fee structure (different from ad valorem fees used by DIAC/ICC).

SIAC (Singapore International Arbitration Centre) — Rules 2016 (6th Ed)

• Relevant for Singapore-seated MENA disputes (common in English/common-law contracts).
• Notice of Arbitration filed via SIAC case management system.
• Article 3, SIAC Rules: standard content plus filing fee.

ICSID (International Centre for Settlement of Investment Disputes)

• Investor-State disputes only, where host state has consented (BIT, ICSID Convention, or contract).
• Request for Arbitration under Article 36, ICSID Convention: elaborate identification of the treaty and jurisdictional basis.
• ICSID has strict jurisdictional requirements; deficient requests risk preliminary objections.

Critical practice points

Limitation periods — check before filing

• Arbitration commences (and the limitation clock stops) on the date the RfA is received by the institution, or on service on the Respondent, depending on the rules.
• UAE law (Civil Transactions Law): general 15-year limitation; specific periods for certain claims.
• LB law: 10-year general commercial period; shorter for tort.
• KSA: period depends on claim type; labor claims have much shorter periods.
• Verify the applicable limitation period under the governing law before finalizing the filing date.

Interim / emergency relief

• If Claimant needs urgent interim measures (asset freeze, injunction, preservation orders), file a separate Emergency Arbitrator application simultaneously or before the main RfA.
• Most modern institutional rules (DIAC 2022, ICC 2021, LCIA 2020, SIAC 2016) provide an Emergency Arbitrator mechanism.
• For urgency in DIFC or ADGM, consider parallel application to the DIFC Court or ADGM Court for interim support measures.

Confidentiality

• Institutional arbitration is confidential by default under most rules; state this explicitly if confidentiality is important.
• ICSID arbitrations are partially public.

Language

• For Arabic-language arbitrations (KSA, onshore UAE): Arabic RfA or bilingual; check whether the institution handles Arabic filings.
• DIAC handles Arabic; ICC can but prefers English; LCIA primarily English.

Common mistakes

• Vague relief statement: failing to quantify the claim at the RfA stage can limit what the tribunal awards.
• Wrong institution named: the arbitration clause specifies the institution — do not substitute a different one without both parties' consent.
• Failure to attach the arbitration agreement: almost every institutional rule requires this exhibit; missing it causes the file to be returned.
• Proof of payment not attached: filings without fee payment are not accepted.
• Service not contemporaneous: under most rules, service on the Respondent must accompany filing; missing this step can affect the commencement date.
• Interest framing for KSA-seat cases: interest as such may be challenged; use delay compensation language.

Related skills

• [[draft-cease-and-desist]]
• [[draft-boilerplate-clauses]]
• [[review-contract-general]]
• [[draft-bilingual-ar-en-side-by-side]]