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MILES MEDIATION & ARBITRATION
BEFORE THE ARBITRAL TRIBUNAL
IN THE MATTER OF:

 

{c-name:73}                                                                        CLAIMANT

v.

{r-name:76}                                                                        RESPONDENT

 

DEMAND FOR ARBITRATION ON BEHALF OF CLAIMANT

04/20/2024

 

{cr-name:75}
{cr-firm:3}
{cr-address:63}
{cr-phone:64}
{cr-email:65}

 

I. INTRODUCTION

This Demand for Arbitration dated 04/20/2024 (“Demand”) is being submitted on behalf of {c-name:73} (“Claimant”) to initiate appropriate arbitration proceedings before Miles Mediation and Arbitration pursuant to the contract dated {contract:74} between the Claimant and {r-name:77} (“Contract”).

The Claimant states that the present dispute arises under the Contract and demands that such dispute, as more particularly described hereinunder, be referred to arbitration under clause {clause:14} of the Contract.

II. PARTIES TO THE DISPUTE

1. Details of the Claimant:

{c-name:73}
{c-address:22}
{c-phone:4}
{c-email:5}

2. Details of the Claimant’s Representative (if any):

{cr-name:75}
{cr-firm:3}
{cr-address:63}
{cr-phone:64}
{cr-email:65}

The Claimant hereby confirms that its representatives are authorized under the relevant regulations of law to act on behalf of the Claimant in the captioned arbitration. (Optional: A copy of the power of attorney/ letter of authorization is annexed hereto as Exhibit C-1.)

3. Details of the Respondent(s):

{r-name:76}
{r-address:23}
{r-phone:10}
{r-email:11}

4. Details of the Respondent(s)’s Representative:
{rr-name:77}
{rr-firm:9}
{rr-address:68}</span
{rr-phone:69}
{rr-email:70}

 

III. PROCEDURAL ASPECTS OF THE DISPUTE RESOLUTION CLAUSE

A. Arbitration Agreement under Clause {clause:14}, the Contract

1. The Claimant confirms and states that the present proceedings have been initiated under clause {clause:14} of the Contract. A copy of the Contract containing the arbitration agreement is annexed herewith as Exhibit C-2.

2. The arbitration agreement as incorporated into the Contract is reproduced verbatim as follows:

B. Court-Ordered Arbitration (only in the event of arbitration proceedings ordered by a competent court of law)

1. The Claimant confirms and states that the present proceedings have been initiated pursuant to order dated {dateOrdered:17} passed by the Hon’ble {court:16} requiring the parties to resolve the present dispute through arbitration. A copy of the order requiring the parties to arbitrate is annexed herewith as Exhibit C-3.

C. Law Governing the Arbitration

1. Pursuant to the arbitration agreement between the parties, the arbitration proceedings will be governed by the law of {law:18}. The arbitration will be conducted pursuant to the {rules:19}.

D. Seat and Language of the Arbitral Proceedings (only if relevant)

1. In accordance with the terms and relevant clauses of the arbitration agreement, the seat of the arbitration shall be {seat:34} and the language of the arbitration shall be {language:35}.

E. Composition of Arbitral Tribunal – {panel:40}

Option 1: [A] Sole Arbitrator:
Under clause {clause:14} of the Contract, all disputes arising out of, or in relation to the Contract shall be determined by a sole arbitrator. In view thereof, the Claimant proposes that the following arbitrator(s) be considered for appointment by the Respondent(s): {arbName:45}, {arbEmail:46}

Option 2: [B] Arbitral Panel of Three Arbitrators:
Under clause {clause:14} of the Contract, all disputes arising out of, or in relation to the Contract shall be determined by a three-person arbitral tribunal. In view thereof, the Claimant nominates {arbName:45} as its party-nominated arbitrator. The contact details of {arbName:45} are as follows: {arbEmail:46}

Option 3: [C]: Absence of Such Clause
In the absence of an agreement between the parties with respect to the number of arbitrators, the Claimant hereby proposes that Miles Mediation & Arbitration appoint an arbitral tribunal as it deems fit and necessary considering the present factual circumstances.

F. Submission of this Demand

A copy of this Demand for Arbitration is being submitted to Miles Mediation & Arbitration along with a check/ receipt of electronic payment in the sum of $1500 being the initiation fee for the present arbitral proceedings.

The Claimant confirms and states that a copy of this Demand for Arbitration has been served on the Respondent.

IV. NATURE AND CIRCUMSTANCES OF THE DISPUTE

  1. {bfn:54}

V. PRELIMINARY MEASURES

  1. {ims:56}

VI. RELIEF SOUGHT
In light of the aforementioned facts and circumstances, the Claimant respectfully prays before the Arbitral Tribunal to:

{frs:58}

Respectfully submitted on 04/20/2024

For and on behalf of the Claimant,

{cr-name:75}