17.05.2012

Filing a statement of claim to the ICAC Russia


Arbitration proceedings are instituted by a claimant filing a statement of claim.

The date of filing a statement of a claim shall be considered to be the date:

the date on which it is delivered to the ICAC;

and where the statement of claim is sent by mail it shall be the date of the postmark of the post office where it has been mailed.

As per § 9 of the Rules of the ICAC a statement of claim must indicate:

names, postal addresses, telephone and fax numbers, and e-mail addresses of the parties;

demands of the claimant;

substantiation of the jurisdiction of the ICAC;

a statement of the factual circumstances supporting the claim;

evidence confirming such circumstances;

substantiation of the claims with reference to applicable law;

amount of the claim;

calculation of the amount of each demand;

a list of documents attached to the statement of claim.

The statement of claim shall be signed by an authorized person and be accompanied by documented evidence of his powers.

As per clause 3 of § 9 of the Rules of the ICAC, where there is an agreement between the parties, the statement of claim shall contain information about the composition of arbitral tribunal.

The amount of the claim shall be:

in claims for recovery of money, the amount sought, and, where interest continues to accrue, the amount accruing on the filing date of the claim;

in claims for recovery of property, the value of the property sought;

in claims for recognition or transformation of a legal relationship, the value of the subject matter of the legal relationship at the moment when the claim is brought;

and in claims for an act to be done or forborne from, determined on the basis of available information about the property interests of the claimant.

The claimant shall also indicate in his statement of claim the amount of the claim where his statement of claim or any part of the claim is not of a monetary nature.

Where the claim consists of several demands, the amount of the claim shall be the total amount of all demands.

As per clause 4 of § 10, where the claimant has not stated or misstated the amount of the claim, the ICAC shall, on its own initiative or at the request of the respondent, determine the amount of the claim on the basis of available evidence.

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