{"id":864,"date":"2024-05-21T12:39:39","date_gmt":"2024-05-21T17:39:39","guid":{"rendered":"https:\/\/evansgrouplaw.com\/?p=864"},"modified":"2024-07-01T00:56:45","modified_gmt":"2024-07-01T05:56:45","slug":"arbitration-complaint","status":"publish","type":"post","link":"https:\/\/evansgrouplaw.com\/en\/arbitration-complaint\/","title":{"rendered":"Arbitration Complaint"},"content":{"rendered":"\t\t
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Before considering initiating an arbitration process:<\/p>

  1. Know the facts and evidence.<\/li>
  2. Identify the breached contractual clauses.<\/li>
  3. Determine the merits of claims and monetary estimates.<\/li>
  4. Cost-benefit analysis of the arbitration process.<\/li>
  5. Others, which depend on the object and\/or nature of the claims.

    <\/li><\/ol>

    Content of the complaint:<\/p>

    I.\u00a0 \u00a0 \u00a0Request for arbitration\u00a0\u00a0<\/p>

    Expressly state that the controversy be submitted to arbitration.<\/p>

    II.\u00a0 \u00a0Parties\u00a0\u00a0<\/p>

    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.<\/p>

    III.\u00a0 Reference to the arbitration agreement and contract<\/p>

    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.<\/p>

    IV.\u00a0 \u00a0Facts\u00a0<\/p>

    Expose them coherently and chronologically, having the means of proof, for accreditation during the process.<\/p>

    V.\u00a0 \u00a0 Claims<\/p>

    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.<\/p>

    VI.\u00a0 Amount\u00a0<\/p>

    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.<\/p>

    VII. Evidence<\/p>

    a.\u00a0 They must first be completely known, understood and manageable.<\/p>

    b.\u00a0 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.<\/p>

    c.\u00a0 Testimonials and\/or statements from parties.<\/p>

    d.\u00a0 Identify the public or private entities to which they are addressed, and the points and\/or documents that are requested to be provided.<\/p>

    e.\u00a0 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).<\/p>

    f.\u00a0 Expert Evidence.\u00a0 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).<\/p>

    VIII. Provision of funds for initial expenses<\/p>

    Indicate the contribution of initial expenses of the arbitration process, the amount of which will depend on the rules of the Arbitration Center.<\/p>

    IX.\u00a0 Precautionary measures<\/p>

    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.<\/p>

    X.\u00a0 \u00a0Appointment of main and substitute arbitrator<\/p>

    Designate, with full name, profession and address, the main and substitute arbitrator.<\/p>

    XI.\u00a0 Request to file a claim<\/p>

    We consider the feasibility of requesting the issuance of certification upon the presentation of the claim or counterclaim.<\/p>

    XII. Law<\/p>

    State the contract that is the subject of the process, the applicable substantive rules, the applicable Arbitration Rules, and provisions that regulate the procedure.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

    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.\u00a0 \u00a0 \u00a0Request for arbitration\u00a0\u00a0 Expressly state that the controversy […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[22],"tags":[],"class_list":["post-864","post","type-post","status-publish","format-standard","hentry","category-blog-en"],"_links":{"self":[{"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/posts\/864","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/comments?post=864"}],"version-history":[{"count":10,"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/posts\/864\/revisions"}],"predecessor-version":[{"id":877,"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/posts\/864\/revisions\/877"}],"wp:attachment":[{"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/media?parent=864"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/categories?post=864"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/evansgrouplaw.com\/en\/wp-json\/wp\/v2\/tags?post=864"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}