Section 23: Statements of claim and defence

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Arbitration and Conciliation Act, 1996

PART I Arbitration

CHAPTER V Conduct of Arbitral Proceedings

Section 23: Statements of claim and defence.

23. (1) 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 defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of those 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.

1[(2A) The respondent, in support of his case, may also submit a counterclaim or plead a set-off, which shall be adjudicated upon by the arbitral tribunal, if such counterclaim or set-off falls within the scope of the arbitration agreement.]

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

2[(4) 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.]

 

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Amendments:

1. Inserted by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f 23.10.2015.)
2. Inserted by the the Arbitration and Conciliation (Amendment) Act, 2019. (w.e.f. 30-8-2019)

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