(1) Within thirty (30) days from receipt of PDRCI’s notice to submit the response to the Notice of Arbitration, the respondent shall communicate to the PDRCI a response to the Notice of Arbitration (“Response to the Notice of Arbitration”), which shall include:
- The names, addresses and other contact details of each respondent;
- A response to the information set forth in the Notice of Arbitration;
- A brief description of any counterclaim, or any other claim for the purpose of set-off, indemnity or contribution, if any, including an estimate of the principal and alternative amounts involved, and the reliefs sought; and
- Proposals regarding the appointment of a sole arbitrator or an arbitrator referred to in Articles 7 (Joinder of Additional Parties) and 8 (Claims between Multiple Parties).
(2) The Response to the Notice of Arbitration may also include:
- A plea that an arbitral tribunal to be constituted under the Rules lacks jurisdiction; and
- The Statement of Defense referred to in Article 28.
(3) The respondent shall pay a Provisional Advance in accordance with the Guidelines on Fees. unless the Provisional Advance on cost is paid by the respondent, the arbitral tribunal shall not act on any counterclaim, or any other claim or affirmative relief sought by respondent.
(4) The constitution of the arbitral tribunal shall not be hindered by any controversy with respect to a respondent’s failure to communicate a Response to the Notice of Arbitration, or an incomplete or late Response to the Notice of Arbitration, which shall be finally resolved by the arbitral tribunal.