Under the ICC Arbitration Rules, the Answer to the Request for Arbitration is the first written submission that the respondent must file to arbitration. The answer will consist of the main lines of the defence, which will be subsequently developed.

The Answer to the Request for Arbitration should include these:

• The name, description, address and other contact details of the Respondent

The purpose of this request is to ensure that the information provided by the Claimant is up to date. This information is usually indicated already by the Claimant in the Request for Arbitration.

• The name in full, address and other contact details of any person(s) representing the respondent in the arbitration

While no external legal counsel is required, it is typically advised that the respondent should indicate the coordinates of its legal counsel who will receive all the communications between the parties, the Arbitral Tribunal, and the ICC, if any. The Respondent can also designate the persons within the company that will be kept in copy of all the communications.

• The comments of the respondent according to the nature and circumstances of the dispute giving rise to the claims

The respondent should mention the basic defence on merits and on jurisdiction of the arbitral tribunal in the answer, if applicable. For instance, if any objections are there to the existence of an international arbitration agreement then the respondent should mention it in the answer. The Respondent will have the opportunity to provide a more detailed defence, usually in its Statement of Defence and Statement of Counterclaim, if any.

• The response of respondent to the relief sought

The Respondent should indicate if there is any objection to the relief sought by the Claimant. It should also include all the points on which it would like the arbitral tribunal to decide upon, including objections to jurisdiction, admissibility, and counterclaims.

• The observations or proposals by the respondent concerning the number of arbitrators

The parties can negotiate and agree on the nomination of a sole arbitrator, although agreement is rare in practice once a dispute has arisen. If the arbitral tribunal is composed of three arbitration lawyers, each party will nominate one arbitrator, usually in the Request for Arbitration and in the Answer. If a party fails to nominate the co-arbitrator, the ICC Court will proceed to appoint an arbitrator on its behalf.

• The observations or proposals by the respondent according to the place of the arbitration, the applicable rules of law and the language of the arbitration

The Respondent should comment on the issues such as if the contract does not provide sufficient information regarding the place of the arbitration, the applicable rules of law and the language of the arbitration. In the event it disagrees with the Claimant’s position, it should provide arguments and demonstrate the parties’ intention at the time the contract was concluded.

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