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Model Law, Article 21 - Commencement of Arbitral Proceedings

Arbitration is deemed commenced in two main ways: 1. According to the Model Law, arbitration commences on the date the respondent receives a request to refer the dispute to arbitration. 2. According to the Arbitration Law, arbitration is instituted by a party serving the other party with a demand for arbitration in accordance with their contract. This demand must provide details of the dispute, relief sought, and appoint arbitrators if required by the contract. Arbitration is also commenced if one party defaults and the other files documents with the court.

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52 views2 pages

Model Law, Article 21 - Commencement of Arbitral Proceedings

Arbitration is deemed commenced in two main ways: 1. According to the Model Law, arbitration commences on the date the respondent receives a request to refer the dispute to arbitration. 2. According to the Arbitration Law, arbitration is instituted by a party serving the other party with a demand for arbitration in accordance with their contract. This demand must provide details of the dispute, relief sought, and appoint arbitrators if required by the contract. Arbitration is also commenced if one party defaults and the other files documents with the court.

Uploaded by

Alyssa Brillo
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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A. When is arbitration deemed “commenced”?

Model Law, Article 21 - Commencement of arbitral proceedings


Unless otherwise agreed by the parties, the arbitral proceedings in
respect of a particular dispute commence on the date on which a
request for that dispute to be referred to arbitration is received by the
respondent.

Arbitration Law, Section 5. Preliminary procedure. - An arbitration shall


be instituted by:
(a) In the case of a contract to arbitrate future controversies by the service
by either party upon the other of a demand for arbitration in accordance
with the contract.
- Such demand shall be set forth the nature of the controversy, the amount
involved, if any, and the relief sought, together with a true copy of the
contract providing for arbitration.
- The demand shall be served upon any party either in person or by
registered mail.
- In the event that the contract between the parties provides for the
appointment of a single arbitrator, the demand shall be set forth a specific
time within which the parties shall agree upon such arbitrator.
- If the contract between the parties provides for the appointment of three
arbitrators, one to be selected by each party, the demand shall name the
arbitrator appointed by the party making the demand;
 and shall require that the party upon whom the demand is
made shall within fifteen days after receipt thereof advise in
writing the party making such demand of the name of the
person appointed by the second party;
 such notice shall require that the two arbitrators so appointed
must agree upon the third arbitrator within ten days from the
date of such notice.
(b) In the event that one party defaults in answering the demand, the
aggrieved party may file with the Clerk of the RTC having jurisdiction over
the parties, a copy of the demand for arbitration under the contract to
arbitrate, with a notice that the original demand was sent by registered
mail or delivered in person to the party against whom the claim is asserted.
- Such demand shall set forth the nature of the controversy, the amount
involved, if any, and the relief sought, and shall be accompanied by a true
copy of the contract providing for arbitration.
(c) In the case of the submission of an existing controversy by the filing
with the Clerk of the RTC having jurisdiction, of the submission agreement,
setting forth the nature of the controversy, and the amount involved, if
any. Such submission may be filed by any party and shall be duly executed
by both parties.
(d) In the event that one party neglects, fails or refuses to arbitrate under
a submission agreement, the aggrieved party shall follow the procedure
prescribed in subparagraphs (a) and (b) of this section.

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