Commencing the Arbitration (Articles 4 and 5)

Abstract This chapter addresses how to commence a DIAC arbitration. As such, it focuses on the phase before the constitution of the Tribunal. During this phase, the parties will exchange a request for arbitration and an answer thereto, in the terms set out in Articles 4 and 5 of the Rules. These submissions, often accompanied by exhibits, allow the Centre to assess the nature and scope of the parties’ dispute that is subject to referral to DIAC arbitration. On this basis, the Centre will, in a further step, and assisted by the Arbitration Court, proceed to the constitution of the Tribunal, which is further discussed in Chapter 6 on the arbitral tribunal.