Q&As

Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case (claims/defences)? Is there any general guidance on written submissions?

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Published on LexisPSL on 13/09/2017

The following Arbitration Q&A provides comprehensive and up to date legal information covering:

  • Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case (claims/defences)? Is there any general guidance on written submissions?
  • Procedure

Is there an international arbitration treaty that sets out that parties may only make submissions in relation to their own statements of case (claims/defences)? Is there any general guidance on written submissions?

The Arbitration Act 1996 (AA 1996) makes provisions for both international and domestic arbitration proceedings in England and Wales. Under AA 1996, an arbitration commences with the service of a notice requiring arbitration which essentially requires the other party to comply with their obligations under the arbitration agreement. In Glencore v PT Tera, the Commercial Court held that:

‘In circumstances where a claim and a counterclaim arise from a single set of facts giving rise to a balance of accounts or netting-off under a contract, a reference to ‘claims’ and to ‘all disputes arising under the contract’ in notices of appointment of an arbitrator will ordinarily suffice to interrupt the running of time in respect of the counterclaim for the purposes of s 14(4) Arbitration Act 1996, and does so in this case.’

This decision shows that in circumstances such as these, a court may accept that as both sides claims ‘stem’ from the same facts, the pleading of the claim will have the same effect as that of any counterclaim which does not need to be pleaded for limitation purposes. For more details, see Practice Note: AA 1996—starting an arbitration.

Procedure

As

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