Arbitration and Conciliation Act Section 23 — Statements of claim and defence
CHAPTER V — Conduct of arbitral proceedings
Civil
Summary
Sub-section (1) sets out what the claimant and the respondent must file within the time agreed by the parties or fixed by the arbitral tribunal. The claimant must state the facts supporting the claim, the points at issue, and the relief or remedy sought. The respondent must state the defence in respect of these particulars. This applies unless the parties have agreed on different required elements for these statements.
Sub-section (2) allows the parties to submit with their statements all documents they consider relevant, or to add a reference to the documents or other evidence they will submit later.
Sub-section (2A) provides that the respondent may also submit a counterclaim or plead a set-off in support of his case. The arbitral tribunal must adjudicate on such counterclaim or set-off if it falls within the scope of the arbitration agreement.
Sub-section (3) states that, unless the parties agree otherwise, either party may amend or supplement his claim or defence during the arbitral proceedings. However, the arbitral tribunal may disallow the amendment or supplement if it considers it inappropriate, having regard to the delay in making it.
Sub-section (4) requires that the statement of claim and defence under this section be completed within six months from the date the arbitrator or all the arbitrators received written notice of their appointment.
Official Text
(1) Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
(2) The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit. 1[
(2A) The respondent, in support of his case, may also submit a counterclaim or plead a set-off, which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or set-off falls within the scope of the arbitration agreement.]
(3) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow the amendment or supplement having regard to the delay in making it. 1[
(4) The statement of claim and defence under this section shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing of their appointment.]