Statement of Claim and Defense by rival parties (S.23)
Within the period of time agreed upon by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defense in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those statements.
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.
By virtue of extensive amendments made in the Act in the year 2016, Section 23 of the Act is amended whereby now it is possible for the Respondent adversary to put up a Counter Claim or may plead set off, if the same falls within the scope of Arbitration Agreement. The amendments are applicable to Arbitration proceedings which have commenced on or after 23.10.2015, or, the parties may agree to the applicability of the amendments to their pending proceedings.
By virtue of amendments made in the Act in the year 2019, Sub-Section (4) is added to Section 23, whereby it is provided that the statement of claim and defence under this section shall be completed within a period of six months from the date the arbitrator or all the arbitrators, as the case may be, received notice, in writing, of their appointment.
