SIAC Arb 2016 SIAC Arbitration Rules (2016)
SIAC Arb 2016
SIAC Arbitration Rules (2016)
20.1 Unless the Tribunal determines otherwise, the submission of written statements shall proceed as set out in this Rule.
20.2 Unless already submitted pursuant to Rule 3.2, the Claimant shall, within a period of time to be determined by the Tribunal, send to the Respondent and the Tribunal a Statement of Claim setting out in full detail:
a. a statement of facts supporting the claim;
b. the legal grounds or arguments supporting the claim; and
c. the relief claimed together with the amount of all quantifiable claims.
20.3 Unless already submitted pursuant to Rule 4.2, the Respondent shall, within a period of time to be determined by the Tribunal, send to the Claimant and the Tribunal a Statement of Defence setting out in full detail:
a. a statement of facts supporting its defence to the Statement of Claim;
b. the legal grounds or arguments supporting such defence; and
c. the relief claimed.
20.4 If a Statement of Counterclaim is made, the Claimant shall, within a period of time to be determined by the Tribunal, send to the Respondent and the Tribunal a Statement of Defence to Counterclaim setting out in full detail:
a. a statement of facts supporting its defence to the Statement of Counterclaim;
b. the legal grounds or arguments supporting such defence; and
c. the relief claimed.
20.5 A party may amend its claim, counterclaim or other submissions unless the Tribunal considers it inappropriate to allow such amendment having regard to the delay in making it or prejudice to the other party or any other circumstances. However, a claim or counterclaim may not be amended in such a manner that the amended claim or counterclaim falls outside the scope of the arbitration agreement.
20.6 The Tribunal shall decide which further submissions shall be required from the parties or may be presented by them. The Tribunal shall fix the periods of time for communicating such submissions.
20.7 All submissions referred to in this Rule shall be accompanied by copies of all supporting documents which have not previously been submitted by any party.
20.8 If the Claimant fails within the time specified to submit its Statement of Claim, the Tribunal may issue an order for the termination of the arbitral proceedings or give such other directions as may be appropriate.
20.9 If the Respondent fails to submit its Statement of Defence, or if at any point any party fails to avail itself of the opportunity to present its case in the manner directed by the Tribunal, the Tribunal may proceed with the arbitration.
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