Notice of arbitration simplified | Arbitration Q&A guide by Hesham Elrafei FCIarb

 

What if the party did not choose an address for the notice of arbitration?

If the party did not choose an address for the notice of arbitration, a notice is received if it's delivered to the addressee: 

In-person (physically delivered  )		place of business, Ex: his office		habitual residence Ex: House		mailing address.

What if the delivery of the notice cannot be affected? 

If, after reasonable efforts, delivery of the notice failed, a notice is deemed received by the party if it is sent by recorded /registered delivery to the addressee’s last-known:

• Last-known Place of business, 

• Last-known habitual residence, 

• or last-known mailing address 

How to calculate a period of time “deadline” under the UNCITRAL rules?

The calculation of a period of time “deadline” begins on the next day following the delivery of the notice ( sent date by email) . 

For example, Maria (CL) sent a notice of arbitration by email to Sofie ( RS) on the 10th of December, Sophie ( RS) has 30 days deadline counting from the 11th of December to submit her response to the notice of arbitration.

What if the last day of the deadline is a holiday?

If the last day of a deadline is an official holiday or a non-business day at the addressee's place of business, the period is extended until the next business day. 

Are holidays counted in the running period of time?

Yes, official holidays or non-business days occurring during the running of the period of time are included in calculating the period. 

For example, The 30 days deadline would not be affected by the fact that there is Christmas holiday during that deadline.