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Commercial Arbitration (National Uniform Legislation) Act 2011
23Statements of claim and defence (Model Law Art 23)
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23 Statements of claim and defence (Model Law Art 23)
(1) Subject to any contrary agreement of the parties or a direction of
the arbitral tribunal, within the period of time agreed by the parties
or determined by the arbitral tribunal, the claimant must state the
facts supporting his or her claim, the points at issue and the relief or
remedy sought, and the respondent must state the respondent's
defence in respect of these particulars, unless the parties have
otherwise agreed as to the required elements of such 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.
(3) Unless otherwise agreed by the parties, either party may amend or
supplement the party's claim or defence during the course of the
arbitral proceedings, unless the arbitral tribunal considers it
inappropriate to allow such amendment having regard to the delay
in making it.
(4) Subsection (1) does not require a statement by a claimant or
respondent to be in a particular form.
Note for section 23
This section (other than subsections (1) and (4)) is substantially the same as
Art 23 of the Model Law. Subsection (1) has effect subject to any contrary
agreement of the parties or direction of the arbitral tribunal. Subsection (4) makes
it clear that it is not necessary to use a particular form of statement of claim or
defence.