Request For Arbitration

 

Place and date

 

REQUEST FOR ARBITRATION

To: HTA Commercial Arbitration Center

1. Disputing Parties^[1]

Claimant: ……………….…..………………….

Legal Representative: Mr. / Mrs. ……………………………….

Address: ……………………………………………………………

Telephone: ……………………        Fax: ………………………….

Authorized representative (if any): Mr. / Mrs. ………………- followed the power of attorney (or Authorization contract) dated ……..

Respondent: …………………………………………………..

Legal Representative: Mr. / Mrs. …………………………………

Address: ………………………………………………………………

Telephone: ………………………. Fax: ……………………………….

2. Summary of the content of the dispute^[2]

• • Indicate information about the Contract which a dispute arises from or is related to.
  • Explain the rights and obligations of the parties under the contract, the performances of the contractual obligations by the parties, and the contractual violation of the Respondent
  • Describe the approaches applied by the Claimant in order to request the Respondent to properly follow the contract and the Respondent’s failure to do so.

3. Basis of lawsuit^[3]

• • The Claimant stated the arbitration agreement in which the parties agree to resolve disputes arising from or are related to the contract by arbitration at HTA Commercial Arbitration Center.
  • The Claimant presents the legal basis, including contractual arrangements, legal provisions, commercial practices, as well as evidence for the claim.

4. Value of the dispute and other claims of the Claimant
   1. Value of the dispute^[4]: ………………………………….
   2. Specific requirements of the Claimant (for example):

• • • Request for payment of goods, service remuneration, or insurance compensation;
    • Request for delivery of missing goods, or continuation of work;
    • Request fine for breach of contract, claim for damages;
    • Request for interest due to delayed payment for goods and service charges;
    • Other requirements, if any.

5. The name of the person chosen by the Claimant as  Arbitrator

The Claimant chooses Mr. / Ms ……………… to act as Arbitrator to resolve the dispute between the Claimant and the Respondent. Mr. / Mrs. ……………… is an arbitrator named in the List of arbitrators of HTA.

OR

The Claimant chooses Mr. / Mrs. ……………… to act as Arbitrator to resolve the dispute between the Claimant and the Respondent. Mr. / Mrs. ……………….. is not on the List of arbitrators of HTA.

Contact information of Mr. / Mrs. ……………………………… is as follow:

Address: ……………………………………………………………………

Phone number: ………………………….

OR

The Center is requested to appoint an arbitrator for the Claimant.

6. Signature

• • Signature of the legal representative or an authorized representative (attached valid authorization) of the Claimant in case the Claimant is an organization.
  • Signature of the Claimant or an authorized representative (attached valid authorization) in case the Claimant is an individual.

^[1] The Claimant needs to provide the exact addresses of him/her and the Respondent according to the business registration certificate or investment certificate. Furthermore, the Claimant’s provision of additional information, such as  phone numbers, fax numbers, and e-mail addresses of the parties will facilitate the communication and exchange between HTA and the parties in the arbitration proceedings.

^[2] This content helps the Arbitral Tribunal to get an overview of the details and developments of the dispute. In the course of arbitration proceedings, the Claimant has the right to amend and supplement this content.

^[3] In the course of arbitration proceedings, the Claimant has the right to amend and supplement this content. The Arbitral Tribunal may also request the Claimant to provide further explanation or additional evidence if it is deemed necessary to resolve the dispute.

^[4] The value of the dispute is the sum of all monetary claims. The amount must be specified. The value of the dispute is the basis for HTA to calculate the arbitration fee upon the receipt of the Request for Arbitration.

 

Download file Request For Arbitration (Word) at here!