How to Commence an Arbitration Under the ADRIC Arbitration Rules

Arbitration Under Agreement

If an arbitration clause or arbitration agreement requires or permits arbitration of a dispute, a party, as claimant, may submit that dispute to arbitration by:

(a)     delivering a written Notice of Request to Arbitrate to each respondent at:

(i) the address specified by that respondent under the agreement; or

(ii) if no address was specified, the last known mailing address or place of business of that respondent;

(b)     delivering a copy of the Notice of Request to Arbitrate to ADRIC; and

(c)       if ADRIC is administering the arbitration, paying a Commencement Fee as set out in Schedule B of the Rules (see below).

A Notice of Request to Arbitrate must contain:

1.       the name, place of business (if any), and mailing address, telephone number, fax number, and email address of each party to the dispute if known;

2.       an address, fax number (if any), and email address (if any) for delivery of Documents to the claimant;

3.       a brief description of the matters in dispute or a Statement of Claim;

4.       a request to arbitrate the dispute;

5.       an estimate of the amount claimed or, if that is not available, of the value of what is in issue in the dispute. If the claimant cannot estimate this value, it must explain the reason;

6.       a statement of what remedy the claimant is seeking;

7.       a statement of whether the Tribunal is to be made up of one or more Arbitrators, if the parties have agreed;

8.       the name of any agreed Arbitrator;

9.       any agreed qualifications of the Arbitrator(s);

10.    the proposed language of the arbitration; and

11.    a statement of any variations or exclusions of the Rules to which the parties have agreed in writing.

A Notice of Request to Arbitrate must append:

1.       a copy of the arbitration clause or agreement between the parties; and

2.       a copy of the contract(s) (if any) related to the dispute.

Arbitration By Submission

Parties to a dispute may submit the dispute to arbitration by:

(a) delivering a Notice of Submission to Arbitration to ADRIC; and

(b) if ADRIC is administering the arbitration, paying a Commencement Fee as set out in Schedule B.

Parties to the dispute must sign the Notice of Submission to Arbitration and the notice must contain the information listed in Rule 2.1.2 and append a copy of the contract(s) (if any) related to the dispute.

Fees for Arbitration Administration Services

In an arbitration administered by ADRIC, the fees for ADRIC’s administration services consist of:

(a) a Commencement Fee determined by reference to the amount of the claim and paid by the claimant on delivering the Notice of Request or Notice of Submission to Arbitration; and

(b) a Case Service Fee paid by each party that:

(i) delivers a Statement of Defence and Counterclaim, in which case the Case Service Fee is determined by reference to the total amount of the claim and counterclaim; or

(ii) delivers only a Statement of Defence, in which case the Case Service Fee is determined by reference to the amount of the claim.

ADRIC does not charge fees for hearings, postponements, and miscellaneous expenses.

 

 

 

 

 

 

 

The Commencement Fee and the Case Service Fee are non-refundable once paid.