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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Halder Logistics, the claimant, wants to amend its statement of claim to raise the relief figure. The parties made no agreement on amendments. The application comes after a long, unexplained delay, close to the final hearing. What is the legal position?

The tribunal may refuse the amendment. Unless the parties agreed otherwise, a party may amend or supplement its claim or defence during the proceedings, but the tribunal can disallow it if, given the delay in making it, it considers allowing it inappropriate.

  1. AAmendment is barred once the six-month pleading period has run
  2. BAmendment is a matter of right at any stage
  3. CThe tribunal may refuse the amendment if it considers it inappropriate having regard to the delayCorrect
  4. DAmendment needs the High Court's permission

Explanation

Section 23(3) lets either party amend or supplement a claim or defence during the proceedings unless otherwise agreed, but the tribunal may refuse if it considers the amendment inappropriate having regard to the delay. It is not an absolute right, and no court permission is needed.

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