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PRECEDENTS
ARCHIVED: This Precedent has been archived and is not maintained. SIAC ARBITRATION NO. 232 OF 2013 IN THE MATTER OF AN ARBITRATION BETWEEN: Parties 1 WEIPA RESOURCES LIMITED Claimant AND 2 SELANGOR RESOURCES SDN BHD Respondent 1 This is the Respondent’s Statement of Defence in response to the Claimant’s Statement of Claim (‘SOC’) filed on [insert date]. 2 The abbreviations used in the Claimant’s SOC are adopted herein, unless defined otherwise. 3 Paragraphs 1 and 2 of the SOC are admitted. 4 Save that the parties entered into an agreement in writing (the ‘Contract’) on or around 15 August 2014, and that the governing law of the Contract is the law of Aleutia, paragraph 3 of the SOC is not admitted. 5 Paragraph 4 of the SOC is admitted. 6 Paragraph 5 of the SOC is not admitted. 7 Paragraph 6 of the SOC
PRECEDENTS
SIAC ARBITRATION NO [INSERT NUMBER] OF 202[ ] IN THE MATTER OF AN ARBITRATION Parties 1 WEIPA RESOURCES LIMITED Claimant and 2 SELANGOR RESOURCES SDN BHD Respondent APPLICATION FOR SECURITY FOR COSTS ARCHIVED: This Precedent has been archived and is no longer maintained. Orders sought 1 This is the Respondent’s application for the following orders: 1.1 That the Claimant provide security for the Respondent’s costs of the arbitration proceedings in the sum of [insert amount]; 1.2 That the Claimant provide the Respondent with the said security by way of [insert details of the form in which security is sought, eg banker’s draft/bank guarantee/solicitor’s undertaking]; 1.3 That these arbitration proceedings, and all procedural and administrative timelines in these arbitration proceedings, be suspended pending the provision of the security; and 1.4 That in the event the Respondent fails to provide the security in accordance with subparagraph (1.2) above by [insert date], that [set out consequences]. 2 The principal grounds relied on for the application are: 2.1 The Claimant has insufficient assets to meet any award of costs made against it, and 2.2 The Claimant does not have a serious case and/or its merits are weak. 3 The application is supported by
PRECEDENTS
SIAC ARBITRATION NO.[ ] OF 202[ ] IN THE MATTER OF AN ARBITRATION BETWEEN: Parties 1 WEIPA RESOURCES LIMITED Claimant AND 2 SELANGOR RESOURCES SDN BHD Respondent ARCHIVED: This Precedent has been archived and is no longer maintained. 1 The Claimant, Weipa Resources Limited (Claimant) is a company incorporated in the British Virgin Islands, with its registered address at P.O. Box 1234, Charlotte Street, Tortola, British Virgin Islands. 2 The Respondent, Selangor Resources Sdn Bhd (Respondent) is a company incorporated in Malaysia, with its registered address at #20-02, 500 Federal Plaza, Petaling Jaya, Selangor. 3 By an agreement in writing entered into on or around 15 August 2014 between the Respondent and the Claimant (the Contract), the Claimant agreed to purchase and the Respondent agreed to sell 20,000 metric tonnes (plus or minus 5% at the Claimant’s option) of delayed coking petroleum sponge coke grade low sulphur (the Product). The governing law of the Contract is the law of [insert applicable law]. 4 A copy of the Contract is attached hereto, at Annex SOC-1. 5 Pursuant to clause 3.2 of the Contract, the Product was to be delivered by the Respondent on an
PRECEDENTS
SIAC ARBITRATION NO.[ ] OF 202[ ] IN THE MATTER OF AN ARBITRATION BETWEEN: Parties 1 WEIPA RESOURCES LIMITED Claimant AND 2 SELANGOR RESOURCES SDN BHD Respondent ARCHIVED: This Precedent has been archived and is no longer maintained. 1 This is the Respondent’s Statement of Defence in response to the Claimant’s Statement of Claim (SOC) filed on [insert date]. 2 The abbreviations used in the Claimant’s SOC are adopted herein, unless defined otherwise. 3 Paragraphs 1 and 2 of the SOC are admitted. 4 Save that the parties entered into an agreement in writing (the Contract) on or around 15 August 2014, and that the governing law of the Contract is the law of [insert governing law], paragraph 3 of the SOC is not admitted. 5 Paragraph 4 of the SOC is admitted. 6 Paragraph 5 of the SOC is not admitted. 7 Paragraph 6 of the SOC
PRECEDENTS
SIAC ARBITRATION NO [INSERT NUMBER] OF 202[INSERT NUMBER] IN THE MATTER OF AN ARBITRATION Parties 1 SOLENTRA RENEWABLES PTE LTD Claimant and 2 MARITON ENGINEERING CO LTD Respondent APPLICATION FOR SECURITY FOR COSTS Orders sought 1 This is the Respondent’s application for the following orders: 1.1 That the Claimant provide security for the Respondent’s costs of the arbitration proceedings in the sum of [insert amount]; 1.2 That the Claimant provide the Respondent with the said security by way of [insert details of the form in which security is sought, eg banker’s draft/bank guarantee/solicitor’s undertaking]; 1.3 That these arbitration proceedings, and all procedural and administrative timelines in these arbitration proceedings, be suspended pending the provision of the security; and 1.4 That in the event the Respondent fails to provide the security in accordance with subparagraph (1.2) above by [insert date], that [set out consequences]. 2 The principal grounds relied on for the application are: 2.1 The Claimant has insufficient assets to meet any award of costs made against it, and 2.2 The Claimant does not have a serious case and/or its merits are weak. 3 The application is supported by [bundle of documents AND/OR witness statement]. Power to order security for costs
PRECEDENTS
SIAC ARBITRATION NO.[INSERT NUMBER] OF 202[INSERT NUMBER] IN THE MATTER OF AN ARBITRATION BETWEEN: Parties 1 SOLENTRA RENEWABLES PTE LTD Claimant AND 2 MARITON ENGINEERING CO LTD Respondent 1 The Claimant, Solentra Pte Ltd (Claimant) is a company incorporated in the British Virgin Islands, with its registered address at P.O. Box 1234, Charlotte Street, Tortola, British Virgin Islands. The Respondent, Mariton Engineering Co Ltd (Respondent) is a company incorporated in Malaysia, with its registered address at #20-02, 500 Federal Plaza, Petaling Jaya, Selangor. 2 By an agreement in writing entered into on or around 15 August 2022 between the Respondent and the Claimant (the Contract), the Claimant agreed to purchase and the Respondent agreed to sell 20,000 metric tonnes (plus or minus 5% at the Claimant’s option) of delayed coking petroleum sponge coke grade low sulphur (the Product). The governing law of the Contract is the law of [insert applicable law]. 3 A copy of the Contract is attached hereto, at Annex SOC-1. 4 Pursuant to clause 3.2 of the Contract, the Product was to be delivered by the Respondent on an FOB basis at Port of Mombasa, Kenya (Port
PRECEDENTS
SIAC ARBITRATION NO.[INSERT NUMBER] OF 202[INSERT NUMBER] IN THE MATTER OF AN ARBITRATION BETWEEN: Parties 1 SOLENTRA RENEWABLES PTE LTD Claimant AND 2 MARITON ENGINEERING CO LTD Respondent 1 This is the Respondent’s Statement of Defence in response to the Claimant’s Statement of Claim (SOC) filed on [insert date]. 2 The abbreviations used in the Claimant’s SOC are adopted herein, unless defined otherwise. 3 Paragraphs 1 and 2 of the SOC are admitted. 4 Save that the parties entered into an agreement in writing (the Contract) on or around 15 August 2022, and that the governing law of the Contract is the law of [insert governing law], paragraph 3 of the SOC is not admitted. 5 Paragraph 4 of the SOC is admitted. 6 Paragraph 5 of the SOC is not admitted. 7 Paragraph 6 of the SOC is denied, and the Claimant
PRECEDENTS
IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALESCOMMERCIAL COURT (KBD) Claim No Claimant JFK Ltd(ref: 1234) Defendant LHR Ltd Tick and complete sections A–D as appropriate. In all cases you must complete sections E and F. Section A [X] I do not intend to contest this claim Section B [X] I intend to contest this claim Give brief details of any different remedy you are
PRECEDENTS
For the sample case study claim form, see the link on the right. The key issues when drafting section 17 of the Arbitration Act 1996 (AA 1996) application using an arbitration claim form include the following: • use the correct court form—the application must be made on Form N8 Claim Form (arbitration) • claimant/defendant boxes—the claim form must identify clearly the claimant and the defendant in these court proceedings and which party is the claimant and
PRECEDENTS
In the high court OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES Commercial court (QBD) Claim no [Claim number] Between: 1 JFK Ltd Claimant/Respondent -
PRECEDENTS
Section 17 of the Arbitration Act 1996 (AA 1996) provides that where each of two parties to an arbitration agreement is to appoint an arbitrator and one party either refuses to do so or fails to do so within the time specified in the arbitration agreement, the other party, having duly appointed his arbitrator, may notify the party in default that he proposes to appoint his arbitrator to act as sole arbitrator of the dispute. The party in default then has seven
PRECEDENTS
Claimant [insert number of witness statement] witness statement of [Insert witness name] Exhibits: [Insert exhibit reference] Date on which the statement was made: [Insert date] [Date of translation: [insert date]] In the high court OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES Commercial court (KBD) CLAIM NO [Claim number] Between: JFK Ltd        Claimant/Respondent - and - LHR Ltd        Defendant/Claimant Witness statement of John Smith I, john smith, OF LN LLP, 1 Lexis House, London, EC2X 1XX will say as follows 1 I am a solicitor and a partner in the law firm LN LLP of 1 Lexis House, London EC2X 1XX. 2 I am responsible for the day-to-day conduct of this matter on behalf of the Claimant. I am duly authorised to make this statement on the claimant’s behalf. 3 This witness statement is made in support of the Claimant’s application pursuant to section 17 of the Arbitration Act 1996 (the Act) for an order setting aside the Defendant’s purported appointment of Mr Jones as sole arbitrator and/or declaring that Mr Jones has no authority to act as sole arbitrator in this matter.