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Conduct of Arbitral Proceeding: Section 23 of Arbitration and Conciliation Act | Civil Law for Judiciary Exams PDF Download

Section 23 of Arbitration and Conciliation Act– Statements of claim and defence

Statement:

  • Claimant must state facts supporting the claim, points at issue, and relief sought.
  • Respondent must state defense and relevant information unless agreed otherwise.
  • Parties can submit relevant documents with their statements.

Fixed Time Schedule:

  • Claims and defenses must be within agreed time frames.
  • Claimant to provide necessary details of the claim.
  • Respondent to present defense and relevant information.

Pleadings:

  • Pleadings are crucial to narrow issues and reduce costs.
  • Parties may amend claims or defenses during proceedings.
  • Amendment allowed if requested promptly.

Question for Conduct of Arbitral Proceeding: Section 23 of Arbitration and Conciliation Act
Try yourself:
Which of the following is a requirement for the claimant under Section 23 of the Arbitration and Conciliation Act?
View Solution

Overview of The Arbitration and Conciliation Act, 1996

Section 23: Statements of Claim and Defence

  • Section 23 of the Arbitration and Conciliation Act, 1996 deals with the requirements for statements of claim and defence in arbitral proceedings. It mandates that the claimant must present the facts supporting their claim, the issues at hand, and the relief sought within the agreed-upon timeframe. Similarly, the respondent is required to provide their defense concerning these specifics unless otherwise agreed upon by the parties.
  • Example: If Company A and Company B enter into an arbitration process regarding a contract dispute, Company A, as the claimant, must outline the facts supporting their claim for breach of contract. Company B, as the respondent, then has to present their defense against these claims.
  • Furthermore, parties are permitted to include relevant documents with their statements or reference documents they plan to submit as evidence.

Key Provisions in Arbitration Proceedings

  • Submission of Documents: Parties can include relevant documents with their statements or refer to the evidence they will submit.
  • Counterclaim or Set-off: The respondent can present a counterclaim or set-off for consideration if it aligns with the arbitration agreement.
  • Amendment of Claims or Defenses: Either party can modify or supplement their claim or defense during the arbitration, unless the tribunal deems it untimely.
  • Timely Completion of Statements: The statement of claim and defense must be finalized within six months from the arbitrator's appointment notification.

Question for Conduct of Arbitral Proceeding: Section 23 of Arbitration and Conciliation Act
Try yourself:
Which of the following is a requirement for the claimant under Section 23 of the Arbitration and Conciliation Act?
View Solution



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FAQs on Conduct of Arbitral Proceeding: Section 23 of Arbitration and Conciliation Act - Civil Law for Judiciary Exams

1. What is the significance of Section 23 of the Arbitration and Conciliation Act?
Ans. Section 23 of the Arbitration and Conciliation Act deals with the statements of claim and defence in the conduct of arbitral proceedings. It outlines the requirements and procedures for submitting these statements by the parties involved in the arbitration.
2. How does Section 23 of the Act impact the arbitration process?
Ans. Section 23 ensures that both parties in the arbitration provide a clear and detailed statement of their claims and defences. This helps in facilitating a fair and efficient resolution of the dispute through arbitration.
3. What are the key provisions related to statements of claim and defence under Section 23?
Ans. Section 23 mandates that the claimant shall state the facts supporting their claim, the points at issue, the relief or remedy sought, and any relevant documents. The respondent, on the other hand, must respond to each allegation and present their defence along with any counterclaims.
4. How can parties comply with the requirements of Section 23 effectively?
Ans. Parties can comply with the requirements of Section 23 by carefully drafting their statements of claim and defence, ensuring that all relevant facts and documents are included, and responding promptly to any allegations made by the other party.
5. What happens if a party fails to submit a statement of claim or defence as per Section 23?
Ans. Failure to submit a statement of claim or defence in accordance with Section 23 may result in adverse consequences such as the arbitral tribunal proceeding without the defaulting party's input or the dismissal of their claim or defence. It is essential for parties to adhere to the requirements of this section to avoid such repercussions.
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