Part I Commentary on the ICDR International Rules, 3 Article 3—Answer and Counterclaim

Subject(s):

Arbitration — Counterclaims

This chapter focuses on Article 3 of the ICDR Rules, which addresses the Respondent’s Answer to the Claimant’s Notice of Arbitration. In filing the Answer, the Respondent may introduce counterclaims and set-offs. The Respondent is not required to provide a full defense in the Answer but may do so if it so wishes. In practice, as a responsive pleading, the contents of the Answer will depend on the facts and arguments presented by the Claimant in the Notice of Arbitration. The Respondent is required to ‘respond to the Notice of Arbitration’ and must submit its statement to the Claimant and any other parties, as well as to the Administrator. In a typical case, the Respondent will request that the claims be dismissed or the relief denied, and that the Claimant be ordered to bear the costs of arbitration, including the Respondent’s legal costs.