Commencing ICC arbitration (1998 Rules): Answer to Request: covering letter

This legal template refers to the process of initiating ICC (International Chamber of Commerce) arbitration under the 1998 Rules and specifically pertains to creating an "Answer to Request" document. In an arbitration proceeding, the party against whom a claim has been made (referred to as the respondent) is provided an opportunity to submit their response, typically known as an "Answer to Request." Moreover, this template provides a covering letter intended for use under USA law, ensuring its compliance with the legal framework of that jurisdiction.

The content of the template would include specific sections and details required to respond effectively to the initial request for arbitration. It may entail various elements such as:
1. Introduction: The opening section would identify the respondent and reference the relevant arbitration case or reference number to indicate the precise matter under consideration.
2. Parties' details: This section would provide accurate and complete information about both the respondent and claimant involved in the arbitration procedure. This includes names, addresses, contact details, and possibly any legal representation involved.
3. Preliminary statement: A brief overview of the respondent's understanding of the dispute and their position on the claims made by the claimant. This section may highlight any preliminary objections or procedural matters that need to be addressed.
4. Response to the claims: The template would allow the respondent to address each of the claims made by the claimant individually. This might involve a point-by-point rebuttal, affirming compliance, or denial based on factual, legal, or contractual grounds.
5. Counterclaims or set-offs: Depending on the circumstances, the respondent may raise counterclaims against the claimant or assert set-offs to reduce their potential liability. This section would outline any such claims, providing a legal basis and associated factual information.
6. Offer of settlement, mediation, or negotiation: The respondent may express openness to alternative dispute resolution methods if they deem it appropriate or legally required. They may propose settlement discussions, mediation, or negotiation to resolve the dispute outside the arbitration process.
7. Request for procedural actions: The template might include a section where the respondent can request specific procedural actions or clarify any points related to the arbitration process, such as the formation of the arbitral tribunal, timelines, document exchange, or witness statements.
8. Conclusion: The closing portion would restate the respondent's commitment to participate in the arbitration proceedings and affirms their intention to provide any additional documents or information required for a fair and efficient resolution.

Generally, this legal template serves as a structured framework for a respondent intending to prepare their "Answer to Request" document following ICC arbitration rules from 1998. By incorporating the covering letter in accordance with USA law, it ensures compliance with the jurisdiction's legal requirements.