Claim in international commercial arbitration

When can a claim be filed in international commercial arbitration?

Filing a claim to international commercial arbitration is one of the guarantees of a fair resolution of a conflict between participants in international commercial relations. Filing the specified document is possible subject to compliance with a number of legal requirements that determine the admissibility of the consideration and its compliance with the arbitration agreement. In particular, the main conditions for filing a claim to international commercial arbitration are:

1. the presence of an arbitration agreement. It can be drawn up in the form of a separate agreement on the transfer of the dispute for consideration, an arbitration clause in the contract;
2. the presence of arbitration jurisdiction over the dispute. Arbitration accepts for consideration only certain categories of disputes that are commercial (economic) in nature, contain a foreign element (for example, parties from different countries, the place of performance of the contract is abroad);
3. compliance with the statute of limitations. Therefore, in order to file a claim, it is necessary to take into account the period determined by the current national legislation (as a general rule, it is three years from the moment the person learned about the violation of his right), the terms of the contract itself. Missing such a period may be grounds for refusal to consider.

International commercial arbitration is an alternative dispute resolution method and is designed to consider a limited list of disputes. Disputes that, under the law, are subject to resolution exclusively in national courts cannot be submitted to such consideration. Here is an indicative list of disputes that will be subject to arbitration:

• contractual disputes between entities regarding non-fulfillment of international contracts, violation of service terms, termination of contracts and compensation for losses;
• in the field of foreign economic activity, relating to the purchase and sale of goods between companies from different countries, international logistics and transportation, etc.;
• financial and banking disputes, primarily regarding the execution of financial agreements, international guarantees, disputes between investors;
• in the field of international insurance regarding the proper execution of business insurance contracts, reimbursement of insurance payments, and others.

Consultation with a specialized lawyer

How to properly prepare a claim for international commercial arbitration?

Preparing a claim for international commercial arbitration is a key stage in the dispute resolution process, as the effectiveness of the defense depends on its correctness. The statement of claim must be drawn up in accordance with the requirements of the regulations and contain all the necessary details, documents and evidence, in particular:

• information about the parties, the content of the claims, determination of the price of the statement, factual circumstances, legislative justification for the violation of the right;
• list of attached documents (copies of the statement for the parties, documents confirming the circumstances (evidence base), etc.).

The claim shall be deemed to have been filed on the date of delivery to the arbitration court or, if filed by registered mail with description, on the date of the postmark. In cases where the statement of claim contains deficiencies and does not comply with the requirements of the arbitration regulations and the Law of the country “On International Commercial Arbitration”, the court may grant the claimant a thirty-day period to eliminate them. Moreover, the claimant must pay the arbitration fee in a timely manner within a reasonable period after the court has notified it, otherwise the consideration of the case may be terminated.

The lawyers of our law firm also inform that the parties may amend or supplement the claims before the commencement of the case, if this is necessary for the effective protection of rights. More information on the procedure and preparation of a claim for arbitration can be found by contacting the specialists of our law firm for professional advice.

How to calculate the arbitration fee in an international commercial arbitration claim?

The arbitration fee is calculated based on the value of the claim and the applicable rates. It is paid in the currency in which the claim is expressed or in a freely convertible currency (most often the US dollar). The arbitration fee is calculated according to the following scale:

Support of the lawyer “Prikhodko & Partners” in the development and submission of a claim to international commercial arbitration

The law firm “Prikhodko & Partners” has relevant experience in handling cases in international commercial arbitration. Each request of our client is considered individually, taking into account the specifics and his needs. We guarantee complete confidentiality of information and compliance with the quality standards of legal services.

Clients interested in filing a claim in arbitration can receive from us:

• first, consultation and analysis of the situation with appropriate recommendations on the course of action and all due procedures;
• second, preparation for the arbitration by collecting evidence, developing the full text of the statement of claim, preparation for oral hearings in the arbitration;
• third, proper representation of the client’s interests in the arbitration.

Cost of legal support

Therefore, a claim to international commercial arbitration can be filed if there is an arbitration agreement, the dispute is subject to arbitration by its nature, and the statute of limitations has been observed. To file, it is necessary to properly prepare a statement of claim that meets the requirements of the arbitration regulations and national legislation. The law firm “Prikhodko & Partners” provides a full range of services on this issue, including consultations, preparation of documents and representation of the client’s interests in court.

Contact the lawyers of the Law Firm “Prikhodko & Partners” and receive a high-quality prepared claim for submission to international commercial arbitration. To find out the price of a lawyer’s services, please fill out the form below.