ARBITRATOR'S LETTER REQUESTING DEPOSIT

Chartered Arbitrator at

10 Thames Street, Abuja.

19th July 2012

To: AB Claimant

-And-

CD Respondent

Dear Sir,

I wish to refer you to the agreed terms of my engagement as Arbitrator, particularly clause__ which stipulate that any party making a claim must deposit the sum of N100,000.

In view of the Respondent's refusal to make the deposit stated in the agreed terms, I am of the opinion that his counterclaim will not be heard. This is because; both parties earlier agreed to the terms and in furtherance of which the Claimant has satisfied his obligation. Consequently, the payment of the said fees constitutes a condition that must be fulfilled before the hearing of the counterclaim by the Respondent can take place.

However, the Respondent will not be barred from defending the claim of the Claimant. Also, the Respondent cannot be made liable to pay the cost of the proceedings which is based on the claim of the Claimant.

Yours faithfully,

(Signed)

Adebayo Okonkwo

SAMPLE DRAFT FOR PRELIMINARY OBJECTIONS