Request for Arbitration

LEGAL GROUNDS FOR REFERRING TO THE CODAC

In the following cases, as per Article 2, the CODAC shall be required to arbitrate in accordance with the Rules:

• a)    The Arbitration Contract made between the Parties in which referred to the administration of arbitration by the CODAC, through one of the methods set forth in sub-article 2-1 above. 
• b)    The arbitration clause sets out in the Underlying Contract in which refers to the settlement of the dispute by reference to the CODAC, whether it complies with the CODAC model arbitration clause or not;
• c)    The arbitration clause is included in the Underlying Contract but does not indicate the settlement by reference to the CODAC and subsequently, the Parties or the third party selected by the Parties to designate the arbitration center, choose the CODAC for the administration of arbitration;
• d)    An implicit agreement on the administration of arbitration by the CODAC;
• e)    A subsequent agreement on the administration of arbitration by the CODAC;
• f)    In the event of reference of dispute settlement by a judicial or quasi-judicial authority.

Upon registration of request for arbitration within CODAC secretriat, the content of the request and its enclosed docs is reviewed and the secretriat will notify the commencement of arbitration.

Request for Arbitration

In order to commence arbitration, the applicant shall register request for arbitration with the Secretary, which shall contain the following:

• a)    Request for dispute settlement by arbitration;
• b)    Names, addresses, telephone numbers, fax numbers, and email addresses (if any) of the Parties and their representatives (including the reason for representation);
• c)    Articles of association, the certificate of incorporation and the latest official gazette containing the names of the directors of the company and the holders of the authorized signatures;
• d)    Indication of the arbitration clause or Arbitration Contract which is invoked and submission of a copy thereof;
• e)    Indication of the Contract or documents to which the dispute arises or in connection therewith and submission of a copy thereof;
• f)     A brief plea describing the general nature and circumstances of the dispute, statement of the relief sought and, if possible, the amounts of claim;
• g)    Designated Supreme Appointing Authority or the method of selection, if it has not been previously agreed;
• h)    Suggested number of arbitrators, if it has not been previously agreed;
• i)    Suggested and selected nominated arbitrator (in sole arbitration) or the nominated arbitrator (in Panel of Arbitrators), unless the Parties have otherwise agreed;
• j)    Proof of Payment of the related costs in accordance with the provisions of the Arbitration Costs as stated in Annex to these Rules;
• k)    Any explanation about the language of arbitration, the substantive law and so on.