South Australian Current Acts

COMMERCIAL ARBITRATION ACT 2011 - SECT 23

23—Statements of claim and defence

        (1)         Subject to any contrary agreement of the parties or a direction of the arbitral tribunal, within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant must state the facts supporting his or her claim, the points at issue and the relief or remedy sought, and the respondent must state the respondent's defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such 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.

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

        (4)         Subsection (1) does not require a statement by a claimant or respondent to be in a particular form.

Note—

This section (other than subsections (1) and (4)) is substantially the same as Art 23 of the Model Law. Subsection (1) has effect subject to any contrary agreement of the parties or direction of the arbitral tribunal. Subsection (4) makes it clear that it is not necessary to use a particular form of statement of claim or defence.