Art. 8 FAI Arbitration Rules

8. ANSWER TO THE REQUEST FOR ARBITRATION

8.1 Within 21 days of the receipt of the Request for Arbitration, the respondent shall submit to the Institute an Answer to the Request for Arbitration (the ”Answer”) in accordance with Article 4.1.

8.2 The Answer shall contain the following information:
(a) the names and contact details of each respondent and of their counsel or other representatives;

(b) to the extent possible, any plea that an arbitral tribunal to be constituted under the Rules lacks jurisdiction;

(c) the respondent’s comments on the claimant’s description of the nature and circumstances of the dispute giving rise to the claims;

(d) the respondent’s preliminary response to the relief sought by the claimant;

(e) the respondent’s observations or proposals as to the number of arbitrators, the language, the seat of arbitration and the law or rules of law applicable to the substance of the dispute in light of the observations or proposals made by the claimant in the Request for Arbitration;

(f) if the arbitration agreement provides for three arbitrators, and the parties have not agreed otherwise, the name and contact details of the arbitrator nominated by the respondent; and

(g) the respondent’s possible observations to the effect that the Expedited Rules would be more appropriate for the conduct of the arbitration than the Rules and/or comments on the claimant’s observations to this effect in the Request for Arbitration.

8.3 The Answer shall be submitted in the language required by Article 6.4.

8.4 Any counterclaim or set-off claim shall, to the extent possible, be raised in the respondent’s Answer and shall contain the following information:

(a) identification of and, where possible and unless already produced by the claimant, a copy of the arbitration agreement under which the counterclaim or set-off claim is made;

(b) identification of any contract, other legal instrument or relationship out of or in relation to which the counterclaim or set-off claim arises;

(c) a brief description of the nature and circumstances of the dispute giving rise to the counterclaim or set-off claim;

(d) where counterclaims or set-off claims are made under more than one arbitration agreement, identification of the arbitration agreement under which each counterclaim or set-off claim is made;

(e) a preliminary statement of the relief sought, together with the amounts of any quantified counterclaims or set-off claims and, to the extent possible, an estimate of the monetary value of any other claims; and

(f) proof of payment of the Filing Fee referred to in Article 9.

8.5 If the Answer fails to fulfill the requirements set forth in Articles 8.2 and 8.3, or if the respondent fails to provide any copies that may have been requested in accordance with Article 4.5, the Institute may direct the respondent to remedy the defect within the time limit set by the Institute. Failure by the respondent to comply shall not prevent the arbitration from proceeding.

8.6 If the respondent’s counterclaim or set-off claim fails to fulfill the requirements set forth in Article 8.4, the Institute may direct the respondent to remedy the defect within the time limit set by the Institute. If the respondent fails to comply, the Board may dismiss the counterclaim or set-off claim.

8.7 The Institute shall transmit the Answer and the attached documents to the claimant. If the respondent has raised a counterclaim or set-off claim, the claimant shall submit to the Institute a reply to such counterclaim or set-off claim (the "Reply”) within the time limit set by the Institute.