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Force Majeure Arbitration Guidance
Summary
In a contractual dispute involving force majeure, review your contracts terms to ensure coverage of government restrictions. Document all communications and evidence of compliance. For arbitration under ICC rules, each party selects one arbitrator, and the ICC appoints the third. Costs for a €100,000 claim may include filing fees around $5,000, arbitrator fees between $10,000 to $30,000, administrative costs from $5,000 to $15,000, and legal fees ranging from $20,000 to $50,000.Full Conversation
As previously communicated, Tabrizi Construction has no financial concerns regarding the bank guarantee or letter of credit, and our company continues to receive strong support from our US headquarters. We would like to reconfirm that a down payment of €*,*.* has been deposited, and we have consistently utilized our US bank to ensure the timely execution of the project and to prevent any delays in delivery.
It looks like you're prepared to claim force majeure and initiate arbitration if necessary. Here are a few steps to consider:
- Review Contract Terms: Ensure that the contract's force majeure clause covers government restrictions.
- Collect Evidence: Document all communications and evidence of compliance with contractual obligations.
- Arbitration Process: Understand the arbitration process outlined in your contract.
Do you need information on any specific arbitration rules or procedures?
- Review Contract Terms: Ensure that the contract's force majeure clause covers government restrictions.
- Collect Evidence: Document all communications and evidence of compliance with contractual obligations.
- Arbitration Process: Understand the arbitration process outlined in your contract.
Do you need information on any specific arbitration rules or procedures?
yes
Here are a few key points to consider regarding arbitration:
- Arbitration Rules: Review the specific arbitration rules mentioned in your contract (e.g., ICC, AAA).
- Arbitrator Selection: Understand the process for selecting an arbitrator.
- Submission of Evidence: Prepare and organize all relevant documentation and evidence.
Would you like more detailed information on the arbitration rules or the process for selecting an arbitrator?
- Arbitration Rules: Review the specific arbitration rules mentioned in your contract (e.g., ICC, AAA).
- Arbitrator Selection: Understand the process for selecting an arbitrator.
- Submission of Evidence: Prepare and organize all relevant documentation and evidence.
Would you like more detailed information on the arbitration rules or the process for selecting an arbitrator?
The Lessee and Owner will attempt to settle all disputes and differences arising out of or in connection with
the present Contract amicably.
In the cases where Agreement is not found, disputes and differences shall be finally settled under the Rules of
Arbitration of the International Chamber of Commerce by three arbitrators appointed in accordance with the
said Rules. The seat of the arbitration shall be Geneva, Switzerland.
Since your contract specifies arbitration under the ICC Rules with Geneva as the seat, here are some key points about the ICC arbitration process:
- Arbitration Rules: Review the ICC Arbitration Rules for guidance.
- Arbitrator Selection: Three arbitrators will be appointed; each party selects one, and the ICC appoints the third.
- Evidence Submission: Prepare and submit all evidence and documentation as required by the ICC Rules.
Would you like more detailed information on any particular stage of the ICC arbitration process?
- Arbitration Rules: Review the ICC Arbitration Rules for guidance.
- Arbitrator Selection: Three arbitrators will be appointed; each party selects one, and the ICC appoints the third.
- Evidence Submission: Prepare and submit all evidence and documentation as required by the ICC Rules.
Would you like more detailed information on any particular stage of the ICC arbitration process?
yes
Since you need more detailed information on the ICC arbitration process, here are some key stages:
- Filing a Request for Arbitration: Initiate by submitting a request to the ICC, including details of the dispute and relevant documents.
- Response to Request: The opposing party must submit their response within 30 days.
- Arbitrator Appointment: Each party selects one arbitrator, and the ICC appoints the third.
- Terms of Reference: Define the issues to be resolved; both parties and arbitrators agree on these.
- Hearing: Presentation of evidence and arguments.
- Award: The arbitrators make a final decision, which is binding.
Would you like more details on any specific stage?
- Filing a Request for Arbitration: Initiate by submitting a request to the ICC, including details of the dispute and relevant documents.
- Response to Request: The opposing party must submit their response within 30 days.
- Arbitrator Appointment: Each party selects one arbitrator, and the ICC appoints the third.
- Terms of Reference: Define the issues to be resolved; both parties and arbitrators agree on these.
- Hearing: Presentation of evidence and arguments.
- Award: The arbitrators make a final decision, which is binding.
Would you like more details on any specific stage?
cost
The cost of ICC arbitration can vary significantly based on the complexity and amount in dispute. Typical costs include:
- Filing Fees: Initial fees to submit the request.
- Arbitrator Fees: Based on the arbitrators' rates and the time spent.
- Administrative Costs: Charged by the ICC.
- Legal Fees: Costs for legal representation.
Would you like more detailed information on any specific cost component?
- Filing Fees: Initial fees to submit the request.
- Arbitrator Fees: Based on the arbitrators' rates and the time spent.
- Administrative Costs: Charged by the ICC.
- Legal Fees: Costs for legal representation.
Would you like more detailed information on any specific cost component?
yes
Cost Components Detailed Information:
- Filing Fees:
- The ICC charges a non-refundable filing fee to submit the request for arbitration.
- This fee can vary but is typically around $*,*.
- Arbitrator Fees:
- Fees depend on the complexity and duration of the case.
- Arbitrator fees can range from $* to $*,* per hour.
- Administrative Costs:
- The ICC charges administrative fees based on the amount in dispute.
- These fees can range from a few thousand dollars to several tens of thousands.
- Legal Fees:
- Legal representation costs vary based on the law firm's rates and the case's complexity.
- Expect to pay anywhere from $*,* to several hundred thousand dollars.
Would you like assistance with estimating the total cost for your specific case?
- Filing Fees:
- The ICC charges a non-refundable filing fee to submit the request for arbitration.
- This fee can vary but is typically around $*,*.
- Arbitrator Fees:
- Fees depend on the complexity and duration of the case.
- Arbitrator fees can range from $* to $*,* per hour.
- Administrative Costs:
- The ICC charges administrative fees based on the amount in dispute.
- These fees can range from a few thousand dollars to several tens of thousands.
- Legal Fees:
- Legal representation costs vary based on the law firm's rates and the case's complexity.
- Expect to pay anywhere from $*,* to several hundred thousand dollars.
Would you like assistance with estimating the total cost for your specific case?
yes, the claim is for *,* euro
For a claim of €*,* under ICC arbitration, here’s a rough estimate of the costs:
- Filing Fees: Approximately $*,*.
- Arbitrator Fees: Estimated between $*,* to $*,*.
- Administrative Costs: Likely between $*,* to $*,*.
- Legal Fees: Could range from $*,* to $*,*.
Would you like to know more about any specific cost component?
- Filing Fees: Approximately $*,*.
- Arbitrator Fees: Estimated between $*,* to $*,*.
- Administrative Costs: Likely between $*,* to $*,*.
- Legal Fees: Could range from $*,* to $*,*.
Would you like to know more about any specific cost component?
yes
For a detailed breakdown of the costs for a €*,* claim under ICC arbitration:
- Filing Fees: Approximately $*,*.
- Arbitrator Fees: Estimated between $*,* to $*,*.
- Administrative Costs: Likely between $*,* to $*,*.
- Legal Fees: Could range from $*,* to $*,*.
Would you like assistance with anything else related to your arbitration process?
- Filing Fees: Approximately $*,*.
- Arbitrator Fees: Estimated between $*,* to $*,*.
- Administrative Costs: Likely between $*,* to $*,*.
- Legal Fees: Could range from $*,* to $*,*.
Would you like assistance with anything else related to your arbitration process?
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