The International Trade Council (ITC) will follow a structured procedure to receive and manage a request for arbitration. While specific rules and processes may vary depending on the ITC's own set of regulations, the following general step-by-step procedure can be used as a guide:
- Receipt of Notice of Arbitration: The ITC receives the Notice of Arbitration submitted by the claimant, along with any required supporting documents and filing fees. The Notice should include relevant information such as the names and contact details of the parties, a copy of the arbitration clause or agreement, a description of the dispute, the relief sought, and preferences regarding the number of arbitrators and their qualifications.
- Review and confirmation: The ITC reviews the submitted documents to ensure that they meet the requirements for initiating an arbitration process. If the Notice is complete and compliant with the ITC's arbitration rules, the ITC confirms the initiation of the arbitration proceedings and informs both parties.
- Commencement date: The ITC establishes the date of commencement of the arbitration proceedings, which is typically the date on which the Notice of Arbitration was received or when all procedural requirements have been met.
- Appointment of arbitrators: Depending on the ITC's arbitration rules and the parties' agreement, the ITC may play a role in appointing the arbitrators. This can involve selecting and appointing arbitrators from a pre-approved list, confirming the parties' chosen arbitrators, or directly appointing arbitrators if the parties cannot agree on a selection.
- Formation of the arbitral tribunal: Once the arbitrators are appointed and have accepted their role, the ITC confirms the formation of the arbitral tribunal. The tribunal is responsible for managing the arbitration process and issuing a final award.
- Exchange of written submissions: The ITC, in coordination with the arbitral tribunal, oversees the exchange of written submissions between the parties. This includes the claimant's Statement of Claim and the respondent's Statement of Defense, as well as any counterclaims and replies.
- Procedural timetable and hearings: The ITC and the arbitral tribunal establish a procedural timetable for the arbitration proceedings, which outlines deadlines for submissions, document production, and witness statements. The timetable also includes the scheduling of any hearings, if required.
- Management of the proceedings: The ITC, in collaboration with the arbitral tribunal, ensures that the arbitration process runs smoothly and efficiently, addressing any procedural issues that may arise during the proceedings.
- Issuance of the arbitral award: Once the hearings and submissions are complete, the arbitral tribunal deliberates and issues a written arbitral award. The award includes the tribunal's decision, reasons for the decision, and any remedies granted. The ITC ensures that the award is communicated to both parties.
- Post-award matters: The ITC may assist with post-award matters, such as the interpretation, correction, or enforcement of the arbitral award, depending on its rules and the parties' agreement.
Please note that this is a general guide, and the specific procedures followed by the ITC may differ from time to time.