Part III The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented, Ch.13 Statements of Claim and Defence
David D Caron, Lee M Caplan
- Settlement of disputes — Counterclaims — UNCITRAL Arbitration Rules
In an overwhelming majority of cases, the arbitral procedure begins with an exchange of written submissions. Written pleadings are often given primary emphasis throughout the proceedings, with a short oral hearing or no hearing at all. Even when a more comprehensive hearing is envisaged, efficient arbitral proceedings require that the parties, in writing and prior to the hearing, specifically determine the issues to sufficiently delineate their scope. Thus, written pleadings are an essential part of virtually every arbitration. 1 Written pleadings are regulated in...