September 1, 2012
FEDERAL EXPRESS
The Secretariat of the International Court of Arbitration
International Chamber of Commerce
Headquarters
38 cours Albert 1er
75008 Paris, France
Re:
Request for Arbitration
Dear Secretariat:
I represent Upper East Ride Stables, LLC and hereby submit five copies of a Request for
Arbitration against Oleg Zaitzev. I enclose a copy of my power of attorney to represent Upper
East Ride Stables, LLC in this arbitration.
The total claimed is USD $900,000 plus interest and costs. The filing fee and advance on costs
have been transferred to the appropriate bank.
The contract giving rise to this arbitration provides that the seat of arbitration is Washington,
D.C. in the United States and that the arbitration will be in English.
The required documents are attached to the Request for Arbitration.
Respectfully,
/s/ J.J. Advocate___________
J.J. Advocate
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Upper East Ride Stables, LLC, Claimant
v.
Oleg Zaitzev, Respondent
Request for Arbitration
1. Claimant: Upper East Ride Stables, LLC, a company incorporated under the laws of
Desiderata. Registered at 15 City Center, Capital City, Desiderata; Tel: (0) 123-5432; Fax: (0)
123-5342; Email: office@commandcentral.com.
2. Respondent: Oleg Zaitzev, a person living in and conducting sales from Tencendur.
Address: 888 First Ave., Equus, Tencendur; Tel: (0) 334-4444; Fax: (0) 334-4443; Email:
office@tencendur.com.
3. The Request for Arbitration relies upon the arbitration clause in Article 8 of the Contract for
the sale of Rafalca (Claimant’s Exhibit 1), a horse from Mr. Zaitzev’s farm. The relevant clause
states that “[a]ny dispute arising from or in connection with this Contract shall be submitted to
the International Court of Arbitration, which shall be conducted in accordance with the
International Chamber of Commerce’s rules in effect at the time of applying for arbitration. The
arbitral award is final and binding upon both parties. The arbitration shall take place in
Washington, D.C.. The arbitration shall be in the English language.”
4.
Claims:
a. The Respondent shall pay the Claimant USD $900,000 in damages, representing:
(i) $850,000 for the cost of Rafalca; and (ii) $50,000 for lost competition earnings
and stud fees.
b. The Respondent shall pay the costs of arbitration, including Claimant’s expenses
for legal representation, the arbitration fee paid to the Secretariat and any
additional expenses of the arbitration.
c. The Respondent shall pay the Claimant interest on the amounts set forth above
from the date those expenditures were made by Claimant to the date of payment
by Respondent.
Facts
5. In early 2012, Upper East Ride Stables, a cooperative of competitive dressage horse owners
located in the nation of Desiderata, decided to expand its collection of horses in advance of the
2013 dressage competition season. The Stables’ development and acquisition manager, Roger
Garfield, was asked to identify and acquire a new horse that could be competed in the Festival of
Champions in Desiderata in March 2013 and used for breeding purposes. Mr. Garfield had years
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of experience in acquiring horses from Desiderata and neighboring countries, but Upper East
Ride Stables directed Mr. Garfield to prioritize emerging regions of dressage competition in
order to diversify the Stables’ genetic stock and build new relationships within the international
equine industry.
6. Through his connections in the industry, Mr. Garfield heard of Oleg Zaitzev, a billionaire
industrialist and horse enthusiast from the country of Tencendur. Although Mr. Zaitzev had only
been involved in dressage for about five years, his horses had already shown great promise in
competitions in Tencendur and the surrounding region of Tencendur by winning multiple
awards. Mr. Zaitzev had invested a large amount of money in his stables and was said to be
looking for connections with the more established dressage community of Desiderata and might
be willing to sell one of his best horses as a result.
7. On April 11, 2012, Mr. Garfield called Mr. Zaitzev and briefly outlined the goals of Upper
East Ride and its interest in the growing Tencendur horse industry. Mr. Zaitzev, in turn,
promoted the quality of both his own horses and the general stock of horses in Tencendur. The
conversation concluded with a request from Mr. Garfield that Mr. Zaitzev search his stables and
select any horses he thought could compete at the Festival of Champions in March 2013 for
Upper East Ride.
8. On April 15, 2012, Mr. Garfield was notified by Mr. Zaitzev’s staff that Mr. Zaitzev had
identified a young horse named Rafalca that could satisfy the needs of Upper East Ride. In a
subsequent phone conversation on April 29, 2012, Mr. Zaitzev assured Mr. Garfield that this
horse had “immense natural talent” and was already a “champion several times over” in regional
competitions.
9. Mr. Zaitzev was so eager to demonstrate Rafalca’s suitability that he offered to front the
cost of the examination by a veterinarian designated by Mr. Garfield. Mr. Garfield accepted that
offer and the veterinarian’s report, issued on June 15, 2012, confirmed that Rafalca was in
excellent physical condition and moved extremely well. Upon reading the veterinarian’s report,
Mr. Garfield received approval from the owners of the Upper East Ride to move ahead with the
purchase of Rafalca.
10. On June 28, 2012, Mr. Zaitzev received a signed contract from Mr. Garfield for the
purchase of Rafalca. The contract stated that Rafalca was being acquired for “competition in
national and international dressage events under the guidance of Upper East Ride professionals”
and “subsequent breeding stock.” The contract contained an arbitration clause that specified the
CISG as the substantive law governing the transaction and specified the revised ICC rules as the
choice of procedure for any arbitration.
11. On July 4, 2012, Mr. Zaitzev called Mr. Garfield to discuss some issues relating to the
handling and shipment of Rafalca to Upper East Ride. After a brief conversation, Mr. Zaitzev
told Mr. Garfield that “I accept the terms of your offer.” The following day, Mr. Zaitzev’s staff
initiated correspondence with Mr. Garfield about the specific shipping and quarantine
arrangements.
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12. Shortly after receiving Rafalca at Upper East Ride on August 13, 2012, the trainers noticed
that the horse was not properly responding to the normal dressage commands of the stable’s
professional riders. A phone call with Rafalca’s former trainers back in Tencendur soon
revealed that Rafalca had been socialized and trained under a set of commands used in
Tencendur, but different from that used by Upper East Ride and most dressage riders in
Desiderata and the surrounding region.
13. Upper East Ride immediately sought to retrain Rafalca to respond to Desiderata commands,
but encountered considerable difficulties. It became clear that it would take years to do so
properly. Upper East Ride was forced to scratch Rafalca from the Festival of Champions and
would miss the opportunity to show his talent and garner buyers for his breeding capabilities.
14. On August 27, 2012, Upper East Ride wrote to Mr. Zaitzev stating that they could not
accept the horse as he was not suited for the purpose they had described. Mr. Zaitzev did not
return the correspondence.
Applicable Law
15. The choice of law clause in the contract provides for application of the law of Desiderata.
Both Desiderata and Tencendur are party to the United Nations Convention on Contracts for the
International Sale of Goods (“CISG”). The contract also adopted the International Chamber of
Commerce rules as revised. Desiderata and Tencendur are party to the Convention on the
Recognition and Enforcement of Foreign Arbitral Awards 1958 (New York Convention).
Appointment of Arbitrator
16. The Claimant appoints the following individual as its party-appointed arbitrator:
Dumbledorius Belarious
15 Ivorytower Way
Soho City, Desiderata
Tel: 0 223 9955
Fax: 0 223 4445
Conclusion
17. Mr. Zaitzev did not deliver a horse that conformed with the contract. Mr. Garfield had
clearly specified the purpose for which Upper East Ride sought to purchase the horse and Mr.
Zaitzev sold them a horse that was incapable of performing in Desiderata as required by the
contract. The inability of the horse to perform at the Festival of Champions destroyed any
chance of garnering breeding stock income.
18. The tribunal should, accordingly, hold Mr. Zaitzev to pay the damages set out in paragraph
4 above.
Respectfully Submitted,
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/s/ J.J. Advocate___________
J.J. Advocate
September 1, 2012
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Claimant’s Exhibit No. 1
Upper East Ride Stables, LLC
15 City Center, Capital City, Desiderata
Tel: (0) 123-5432
Fax: (0) 123-5342
Email: office@commandcentral.com
April 12, 2012
Mr. Oleg Zaitzev
888 First Ave.
Equus, Tencendur
Re: Horse Prospect
Dear Mr. Zaitzev:
It was great talking with you yesterday about your horses and how you might be able to help out
our program. As I mentioned, we are looking for a real quality horse to add to the mix here.
Ideally, we would compete the horse at the upcoming Festival of Champions in March 2013
which is one of the biggest horse fairs around. We would get a lot of attention there, especially
bringing in new blood to the region and all. That would really increase our chances of gaining
interest in any offspring and allow us to up the stud fee quite a bit.
By the sounds of it, you have exactly what we are looking for in terms of quality and proven
performance. If you would be so kind as to search your stables for something of that variety that
you would be willing to part with, we would sure be interested.
I look forward to hearing from you soon.
Sincerely,
/s/ Roger Garfield___________
Roger Garfield
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Claimant’s Exhibit No. 2
Oleg Zaitzev
888 First Ave
Equus, Tencendur
Tel: (0) 334-4444
Fax: (0) 334-4443
Email: office@tencendur.com.
April 15, 2012
Mr. Roger Garfield
Upper East Ride Stables, LLC
15 City Center
Capital City, Desiderata
Mr. Roger Garfield:
On behalf of Mr. Zaitzev we write to inform you that we have found a horse that matches your
needs perfectly. While Mr. Zaitzev would be sad to see him go, he is interested in seeing his
horses get exposure in Desiderata and would be willing to make a special deal for this one. A
picture is attached below. Mr. Zaitzev will be in touch shortly.
Sincerely,
/s/ Zaitzev Staff
Zaitzev Staff
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Claimant’s Exhibit No. 3
Contract Excerpts
1. Upper East Ride hereby agrees to purchase Rafalca for the amount of USD $850,000. The
price is to be paid by letter of credit issued by the Desiderata National Bank.
2. Rafalca is being acquired for competition in national and international dressage events under
the guidance of Upper East Ride professionals and for his subsequent breeding stock.
***************************
8. Any dispute arising from or in connection with this Contract shall be submitted to the
International Court of Arbitration, which shall be conducted in accordance with the International
Chamber of Commerce’s rules in effect at the time of applying for arbitration. The arbitral
award is final and binding upon both parties. The arbitration shall take place in Washington,
D.C.. The arbitration shall be in the English language.
/s/ Roger Garfield___________
Roger Garfield
__________________________
Oleg Zaitzev
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Claimant’s Exhibit No. 4
Oleg Zaitzev
888 First Ave.
Equus, Tencendur
Tel: (0) 334-4444
Fax: (0) 334-4443
Email: office@tencendur.com.
July 5, 2012
Mr. Roger Garfield
Upper East Ride Stables, LLC
15 City Center
Capital City, Desiderata
Mr. Roger Garfield:
Congratulations! You will not be sorry. Rafalca is a wonderful horse and an easy keeper. We
will ship him by truck to the airport and transport him on Lufthansa’s airline as they are known
for their quality care. Once he arrives in Desiderata he will be quarantined for three weeks at
Capital City Quarantine. That facility will contact you as soon as he is available for retrieval.
We hope you enjoy Rafalca as much as we did. He eats 1.5 pounds of Premium Silver three
times a day. He prefers grass hay, but timothy is fine as long as it is soaked in the mornings. He
performs the best when he gets his bucket of alfafa cubes in the evening. If he gets agitated, we
have found that he likes blues music. He will not tolerate men in hats.
Please do not hesitate to contact us if you have any questions about him upon his arrival.
Sincerely,
/s/ Zaitzev Staff___________
Zaitzev Staff
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Claimant’s Exhibit No. 5
Upper East Ride Stables, LLC
15 City Center, Capital City, Desiderata
Tel: (0) 123-5432
Fax: (0) 123-5342
Email: office@commandcentral.com
August 27, 2012
Mr. Oleg Zaitzev
888 First Ave.
Equus, Tencendur
Re: Horse Prospect
Dear Mr. Zaitzev:
With deepest regret I have to ask you to make arrangements to take back Rafalca and refund our
money. Although he is an incredible specimen, he is unrideable. It seems you use entirely
different commands in Tencendur. We have tried to retrain Rafalca, but as I am sure you can
understand, horse training is not that fast. Rafalca will most certainly not be ready for the
Festival of Champions.
Sincerely,
/s/ Roger Garfield___________
Roger Garfield
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September 6, 2012
Claimant: Upper East Ride LLC
Re: Notice of Arbitration for Case No. WEF20120915
Dear Sir,
This letter acknowledges receipt of your Request for Arbitration submitted on September 15,
2012, which named Oleg Zaitzev as the Respondent. Additionally, we received your remittance
for the arbitration fee.
The Secretariat hereby notifies you that we have taken cognizance of this case based on the
arbitration clause contained in the Contract between you and the Respondent. The Arbitration
Rules of our organization in force as from January 1, 2012 shall apply.
We are sending the Request for Arbitration to Mr. Zaitzev and will enclose your request and all
attachments as well as our Arbitration Rules and the Panel of Arbitrators. We will ask Mr.
Zaitzev to respond in accordance with the Arbitration Rules.
The Secretariat appreciates the nature of arbitration and seeks to provide both parties with
efficient and cost-effective services in these proceedings. The Secretariat encourages the parties
to proceed in a similar fashion and endeavor to arbitrate cooperatively and in an expedient
manner.
Yours sincerely,
The Secretariat
International Chamber of Commerce (ICC)
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Upper East Ride Stables, LLC, Claimant
v.
Oleg Zaitzev, Respondent
Case No. WEF20120915
Statement of Defense
I. Facts
1. Claimant states that Rafalca is unrideable and could not be entered in the Festival of
Champions. These factual conclusions are without merit.
2. Rafalca is an incredible horse that has proven himself in the dressage arena many times
over. In 2011 alone, Rafalca won first place at the Prix St. George level in the following
competitions: Devonaire Beau Challenge; Freyburg Festival; Tencendur Country
Championships; Tencendur Regional Country Championships, and the Rilius Royal Cup.
Rafalca rarely scores below 75 percent and is considered a rising star. He was expected to begin
showing at the Grand Prix level shortly.
3. Further, Rafalca passed the scrutiny of the Upper East Side veterinarian of choice in both
Tencendur and upon arrival in Desiderata. Rafalca is in the peak of his physical prime and
neither veterinarian was able to find any flaws in his conformation for dressage. Rafalca’s
natural talent was enhanced by Respondent’s trainers and riders.
4. There is nothing about Rafalca’s physique or training that makes him unrideable or unfit for
entrance in the Festival of Champions. Nothing in the contract stipulated that Rafalca must be
trained to fit the competence (or lack thereof) of the Upper East Ride riders. The training
techniques used by Tencendur are notably superior to those used in Desiderata as they focus on
working with a horse’s natural talent to foster the most dynamic and expressive movement.
5. Further, Respondent brings to the attention of the tribunal that there is no binding arbitration
clause between the parties. Therefore, the Tribunal lacks jurisdiction over the dispute.
II. Applicable Law and Alleged Arbitration Clause
6. Respondent agrees that the sales contract would be governed by the United Nations
Convention on Contracts for the International Sale of Goods (“CISG”).
7. The arbitration clause that is alleged to give this tribunal jurisdiction is found in paragraph 8
of a contract that Respondent never signed. Accordingly, Respondent did not agree to arbitrate
disputes with Upper East Ride. At the very least, Respondent is entitled to raise this issue before
its own local courts.
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8. Even if the tribunal were to find it had jurisdiction, any such award would be unenforceable
under the New York Convention. Desiderata, Tencendur, and the seat of arbitration are all party
to the New York Convention.
9.
Accordingly, Respondent respectfully requests that:
With regard to the jurisdiction of the tribunal:

No arbitration agreement was entered into between Upper East Ride Stables and Mr.
Zaitzev;

Consequently, the tribunal has no jurisdiction to consider the dispute.
With regard to the claim that Respondent fundamentally breached the contract:

Mr. Zaitzev sold Upper East Ride a horse that fit the purpose for which it was
intended;

Consequently, Upper East Ride should not be able to declare the contract avoided.
III. Appointment of Arbitrator
10. The Respondent appoints the following individual as its party-appointed arbitrator:
Excelerus Maximus
21 Scholar Lane
Freeport City, Tencendur
Tel: 0 721 0091
Fax: 0 212 2334
IV. Relief
11. Respondent, Oleg Zaitzev requests this Tribunal to:

Stay any proceedings until a Local Court of Tencendur has ruled on the existence (or not)
of an arbitral agreement;

If this tribunal shall not stay the proceedings, to dismiss the claim brought by Upper East
Ride as unfounded.

To order Upper East Ride to pay all costs of the arbitration, including the costs of legal
representation incurred by Mr. Zaitzev.
/s/ Counsel to Oleg Zaitzev__
Counsel to Oleg Zaitzev
September 13, 2012
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September 15, 2012
Upper East Ride Stables, LLC, Claimant
v.
Oleg Zaitzev, Respondent
Case No. WEF20120915
Procedural Order No. 1
1. This arbitration is between Upper East Ride Stables, LLC and Mr. Oleg Zaitzev. On
September 14, 2012, the tribunal conferred with the parties by means of a conference call as to
the procedure that should be followed in this arbitration.
2. Mr. Zaitzev continues to insist that the tribunal had no jurisdiction to consider the dispute
because no arbitration agreement had been concluded between the parties. Upper East Ride
insisted, on the other hand, that it was for the tribunal to determine whether there was an
arbitration agreement.
3. The tribunal has decided that there would be no immediate stay of the arbitral proceedings
until both the Claimant and the Respondent had presented their arguments to the Tribunal.
Because there are no anticipated witnesses, the Tribunal will combine the jurisdictional and
merits arguments to increase the efficiency of the arbitration proceedings. If the Tribunal grants
the stay, the arbitral proceedings will halt at that point awaiting judgment of the court.
4. It is not expected that extensive factual development will be necessary at this first stage of
arbitration. Those factual issues that may need development, however, will be determined in
accordance with the Rules of the Second LL.M. Arbitration Moot Competition. In accordance
with those rules, questions may be submitted to the Competition Committee, before midday EST,
December 3, 2013, by e-mail to arbitration@wcl.american.edu. Answers will be provided to all
the parties by January 15, 2013.
5. It was agreed that oral argument will take place in Washington, D.C. on March 8-9, 2013.
Oral argument should discuss the following issues:
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 Whether a stay of the arbitral proceedings should be granted awaiting a decision of the
Local Court of Tencendur;
 Whether Claimant and Respondent concluded an agreement to arbitrate disputes between
them and whether an arbitration award would be enforceable under the New York
Convention;
 Whether Rafalca was fit for the particular purpose that had been made known to
Respondent.
6. Oral argument should not discuss the remedies claimed by Claimant nor should there be a
discussion of the allocation of the costs of arbitration. Those issues will be considered at a later
stage of the arbitration if they are necessary.
/s/ President of the Tribunal
President of the Tribunal