• When can the claim statement be amended during arbitration?

When can the Claim Statement be amended during Arbitration ? Can the Claim statement be amended after filing of affidavit evidence ?
Asked 4 years ago in Business Law

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9 Answers

Dear Client,

Amendment of pleadings is basically for the purpose of bringing about final adjudication in a suit and to avoid multiplicity of proceedings. It is in the interest of justice that a suit shall be decided on all points of controversy and accordingly, it is needed that the party shall be allowed to alter or amend their pleadings/claim during the pendency of the suit. There can be a situation where there is change of circumstances in the course of pendency of a proceeding and if a matter in issue arises upon such change of circumstance, then amendment becomes necessary. Amendment of pleadings is provided under Order VI Rule 17 of the Code of Civil Procedure, 1908,

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

under order VI Rule 17 amendment of plaint can be done by the plaintiff as trial has not commenced so far

2) no application for the amendment shall be allowed by the court after the commencement of the trial, unless the court is of the opinion that notwithstanding the parties’ due diligence, they could not have raised the matter before the commencement of the trial.

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

The Arbitrator has power to allow / disallow the amendment of claim statement in arbitration proceeding at any point before Award if he is convinced with the fact that non amendment shall cause injustice and cause multiplicity of proceeding and allowing amendment won't cause any injustice to the other party.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If the parties agree on on particular procedure then refer to the procedure to know the stage of amendment.

If there is no such procedure fixed then the general principle of CPC will apply as regards amendment of plaint.

So amendment cane bought for even during the evidence stage if the amendment is necessary for just decisison of the case.

You can refer to the latest decision of supreme court to know the issue on this aspect.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Amendment would be permissible if an application for the said purpose is moved at a pre-trial stage. At the discretion of the Arbitrator, it can be permitted even at a later stage, in case the party wants to introduce the facts in respect of subsequent development as it would be necessary to avoid multiplicity of proceedings.

However, Arbitrator would not be inclined to grant the amendment if the very basic structure of the case is changed or the amendment itself is not bona fide. In a case where the facts were known to the party at the time of presenting the statement of claim, unless satisfactory explanation is furnished for not introducing those pleadings at the initial stage, the amendment would also be rejected. The amendment is not permissible if the very basic structure of the case is changed or the amendment itself is not bona fide.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

What amendment do you want to carry out in the arbitration petition?

If the claim was clearly ex-facie then it is barred by the law of limitation.

The amendment of pleadings introducing new case cannot be allowed, if suit on such case is barred.

in the matter of allowing amendment of pleadings, the general rule is that a party is not allowed by amendment to set up a new case or a new cause of action, particularly when a suit on the new cause of action is barred.

However, an exception was given in that decision saying where the amendment does not constitute the addition of a new cause of action or raise a different case, but amounts merely to a different or additional approach to the same facts, the amendment is to be allowed even after expiry of the statutory period of limitation.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Dear Sir,

To some extent provisions of Civil Procedure Code applies to arbitration proceedings. On merits if the proposed amendment not changing the original and basic pleadings of petitioner, arbitrator may allow such application that too after hearing you, even at the stage of after filing affidavit. It is the wisdom of arbitrator to use his discretion in the given background of the case and considering your objections if any.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi, the clam can be amended if the nature of the claim does not change and rights of other party is not pre-judiced.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

Hello,

claim can not be amended after filing of the evidence.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

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