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

Meridian Infra Pvt Ltd (claimant) and Sahyadri Steels Ltd (respondent) are in arbitration. The parties have not agreed on any special format for pleadings. Meridian's statement of claim sets out only the amount it demands and says nothing about the facts behind the claim. Which statement best reflects the requirement of the Act?

The claimant must state the supporting facts, the points at issue and the relief or remedy sought, within the period agreed by the parties or fixed by the tribunal, unless the parties have agreed different elements. A bare demand for an amount does not satisfy this requirement.

  1. AThe claimant must state the facts supporting the claim, the points at issue and the relief or remedy sought, within the time agreed or fixed by the tribunalCorrect
  2. BThe claimant need state only the relief sought, as facts are proved later through evidence
  3. CThe claimant must state the facts but need not identify the points at issue
  4. DThe claimant's statement is required only if the respondent first asks for it in writing

Explanation

Under section 23(1) the claimant states the facts supporting the claim, the points at issue and the relief or remedy sought, within the agreed or tribunal-fixed time, unless parties agreed otherwise on the elements. A bare demand for money omits facts and points at issue, so the option limiting it to relief is wrong.

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