Before considering initiating an arbitration process:
- Know the facts and evidence.
- Identify the breached contractual clauses.
- Determine the merits of claims and monetary estimates.
- Cost-benefit analysis of the arbitration process.
- Others, which depend on the object and/or nature of the claims.
Content of the complaint:
I. Request for arbitration
Expressly state that the controversy be submitted to arbitration.
II. Parties
Completely identify them (plaintiff and defendants): name of the company, nationality, incorporation data, identification of its legal representative or agent, address (building, floor, office number, street, city, country, email, telephone); and general data of their lawyer.
III. Reference to the arbitration agreement and contract
The parties in conflict submit to arbitration under an agreement that may take the form of an arbitration clause, which may be included in a separate contract or agreement; identifying the document that contains it.
IV. Facts
Expose them coherently and chronologically, having the means of proof, for accreditation during the process.
V. Claims
Declarations, petitions, orders, sentences, which are requested to be recognized in the Award. Depending on the controversy, main and/or subsidiary claims could be considered.
VI. Amount
Sums of money claimed in favor of the plaintiff; as well as a breakdown of the concepts of damages (example: consequential damage, loss of profits, loss of opportunity, moral damage or others); plus, interest (verify if contractual, civil, or commercial legal applies); plus, costs and expenses of the process.
VII. Evidence
a. They must first be completely known, understood and manageable.
b. Acknowledgments of signatures and/or documents. Unless they are documents that could be considered false or illegal, agreements between the parties are viable to avoid the appearance of people to do so.
c. Testimonials and/or statements from parties.
d. Identify the public or private entities to which they are addressed, and the points and/or documents that are requested to be provided.
e. Indicate the points and/or questions to be answered by the experts, and their designation: We request that an inspection be ordered on books, journals, ledgers, contracts, correspondence, emails, notes, communications, files and records, corresponding to the items of the months of the year (indicate), until the year (indicate), and until the moment in which the diligence is being carried out; existing at the address of (identify), and other offices and facilities, where the documents and information are located; so that the experts determine the following points (list).
f. Expert Evidence. Indicate the points and/or questions to be answered by the experts, and their designation: We request expert evidence, so that the experts determine the following points (list).
VIII. Provision of funds for initial expenses
Indicate the contribution of initial expenses of the arbitration process, the amount of which will depend on the rules of the Arbitration Center.
IX. Precautionary measures
If there are precautionary procedures prior to the filing of the claim, they must be fully identified (parties, Court, entry, precautionary measure, sureties) and indicate their judicial status.
X. Appointment of main and substitute arbitrator
Designate, with full name, profession and address, the main and substitute arbitrator.
XI. Request to file a claim
We consider the feasibility of requesting the issuance of certification upon the presentation of the claim or counterclaim.
XII. Law
State the contract that is the subject of the process, the applicable substantive rules, the applicable Arbitration Rules, and provisions that regulate the procedure.