I. Initiation of the Proceedings

If an arbitral institution administers the arbitral proceedings, the beginning of the proceedings is often determined to be when the request for arbitration is filed with the secretariat of the institution. Under some rules, the statement of claim has to be handed in together with the arbitration request. In such cases, the secretariat usually informs the responding party about the initiation of the proceedings and forwards the request for arbitration together with the statement of claim. At the same time, the secretariat usually sets a time frame (often 30 days) for the responding party to file a statement of respondent and/or a counterclaim, unless, of course, the claimant has not yet submitted a statement of claim.

Depending on the respective arbitration rules, the applicable national arbitration law or a respective agreement of the parties, the proceedings do not necessarily commence with the request for arbitration being filed with the secretariat. Instead, the time of the commencement of the proceedings can be when the request for arbitration is forwarded to, or received by the respondent, or even the moment in which the arbitral tribunal is constituted.

Last modified: Sunday, 30 August 2015, 9:56 PM