Chapter 11

Question 1

What should the arbitrator do when a respondent asks for an extension of time for service of the defence?

Question 2

What determines whether a claim is within or outside an arbitrator’s jurisdiction? Why is a distinction between these claims important?

Question 3

Examination-style questions
* A respondent wishes to amend its counterclaim. The claimant objects, saying this will delay the hearing of the case that is fixed to start in six weeks’ time. After that time, the claimant’s expert will not be available for seven months.

What options are open to the arbitrator? Which option is best practice and why?

Question 4

Examination-style questions
* A claim is scheduled for hearing in 10 days’ time. At the pre-hearing meeting, it becomes clear that, until then, the respondent believed that the claim was for breach by the respondent of Clauses 6 and 24 of a contract for the sale of timber. The statement of claim, although unclearly worded, shows the claim is, first for the rectification of these clauses and, secondly for damages for breach of those clauses in their rectified form.

What directions, if any, should the arbitrator issue? How could this situation have been avoided by a clever
arbitrator?