Section 36 Arbitration and Mediation Act

Section 36 Arbitration and Mediation Act 2023 is about Points of claim and defence. It is under Part I (Arbitration) of the Act.

(1) Within the time agreed by the parties or determined by the arbitral tribunal, the claimant shall, in its points of claim, state the facts supporting the claim, the points at issue and the relief or remedy sought, and the respondent shall state, in its points of defence, the response in respect of those particulars, unless the parties have otherwise agreed on the required elements of the points of claim and of defence.

(2) The parties may submit further statements as they may agree or as the arbitral tribunal may direct.

(3) The parties may submit with their statements under subsections (1) and (2), documents they consider to be relevant or they may add a reference to the documents, or other evidence they intend to submit during the course of the arbitral proceedings.

(4) Unless otherwise agreed to by the parties, a party may amend or supplement its claim or defence during the course of the arbitral proceedings unless the tribunal considers it inappropriate to allow any amendment or supplement having regard to the delay in making it.