Pleadings: Statement of Claim and Defense: Section 23
1 Arbitral Tribunal, so as to advance the cause of justice, is competent to allow to cure procedural defects so that substantive rights are not defeated.
2 Arbitral Tribunal should not reject the Claim on the grounds that Statement of Claim is not verified according to CPC, 1908.
3 A comprehensive Statement of Claim can be filed for interlinked Agreements.
4 When Arbitration is invoked pursuant to failure of Internal Dispute Resolution Mechanism (IDRM), Counterclaimant need not follow IDRM.
5 Arbitral Tribunal is competent to accept Statement of Claim beyond the time granted by it, and may even recall order of Termination passed u/s 25(a) of the Act.
6 A Party has inherent right to prefer counter-claim, and Arbitral Tribunal cannot refuse to entertain the same, although it may reject the same on merits of the Case.
7 A Party would be entitled to lodge a particular claim before Arbitrator, although the party has not given Notice for such Claim, as provided under the Contract.
8 The Statement of Claim may include such claims which were not mentioned or claimed in Notice issued u/s 21 of the Act.