General Check list before filing of Statement of Claim
1. Whether Arbitration Clause / Agreement exist between the parties, the Copy of which is duly annexed to the Statement of Claim;
2. Whether Arbitration proceeding duly initiated by issuing Notice u/s 21 of the Arbitration and Conciliation Act, 1996, the Copy of which is duly annexed to the Statement of Claim;
3. Whether Statement of Disclosure in accordance to Section 12(1)(b), is filed by all the Members of Arbitral Tribunal, the Copy of which is duly annexed to the Statement of Claim;
4. Whether Exhibits are annexed as per the averments made;
5. Whether legible / readable copies of Exhibits are annexed;
6. Whether necessary averments are made in respect of Limitation;
7. Vakalatnama, if any;
8. Memorandum of Address of the respective parties;
9. List of documents;
10. Particulars of Claim, if any;
11. Prefix Mr./ Mrs.? Not permitted;
12. Whether proper stamp duty is paid on certain kind of documents;
13. Pleadings:
a) Facts constituting the cause of action: Such material facts [supported by documents wherever applicable, if proved, will entitle the Claimants to claim judgment from the Court;
b) Reliefs claimed;
c) Interim Reliefs claimed, if any; and such facts entitling the Claimants to claim for such Interim Reliefs;
d) Authorized signatory must be a person who is able to confirm the truth and correctness of statements made in Claim Statement and List of Dates to his own personal knowledge or based on knowledge obtained from documents (Please specify the items separately);
e) Where Claimant is a company or a body corporate or an artificial entity, a copy of power of attorney, resolution of Board of Directors and other prescribed authorizations inter alia authorizing the signatory to sign and affirm this Claim Statement must be filed along;
f) Where Claimants and Respondent have a Legal Representative all proceedings and correspondence will be addressed to or by that Legal Representative only;
g) The postal address to be provided must be the registered address / principal place of business of the parties as also the postal address, e-mail address, telephone and facsimile number of the parties at which communications are liable to be sent under the agreement between parties and must also include addresses at which parties have communicated with each other during the tenure and performance of the contract in relation to which dispute has arisen and which is the subject matter of the dispute.