Tuesday, October 25, 2011

The pleadings

Pleadings are the formal documents which may be prepared by counsel or a solicitor . The arbitrator will first require the claimant to set out the basis of the case . This will be included in a documentrs , termed the points of claim , which will then be served upon the respondent . The respondent then submits a reply in answer to the points of claim , termed the points of defence . The respondent may also sybmit points of counterclaim , which will be served on the claimant at the same time  This may raise relevant matters that were not referred to in the points of claim . The claimant , in reply to the matters raised in the counterclaim , will submit points of reply and defence to counterclaim .
  The purpose of the above documents is very important , since they will make clear to the arbitrator the matters that are in dispute . Furthermore , the parties involved cannot stray beyong the scope of the pleadings without leave from the arbitrator .

No comments:

Post a Comment