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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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A Claimant under Article 23(1) of the Arbitration Act 2010

Resolved Question:

A Claimant under Article 23(1) of the Arbitration Act 2010 takes a case to arbitration because a Respondent breached conditions of a legally binding Agreement. Can the Respondent as grounds of his defence introduce particulars not relevant to the Claimants Points of Claim. In other words, at this late stage can a Respondent introduce as part of his defence his grievances with the Agreement (new particulars) not raised by the Claimant in his points of claim?
Submitted: 7 months ago.
Category: Law
Expert:  Buachaill replied 7 months ago.

1. Dear *****, there is nothing to prevent a Respondent from introducing grounds in a defence in an arbitration which constitute lawful grounds for defence. The pleading rules for an arbitration don't prevent a Respondent from alleging issues in his Defence which would aid his claim. One of the basic ideas behind an arbitration is that it allows each side to introduce whatever they consider relevant. However, if you consider what the Respondent is alleging to be an abuse of process, you can draw this to the attention of the Arbitrator and seek a ruling on what is being pleaded. However, as a matter of practice, I have never seen an arbitrator seek to exclude points of defence under the Arbitration Act, 2010, if a Respondent genuinely believes them to be part of his defence. This is because an arbitration is designed to ensure each side is happy at the end of the procedure and that each side has received due process as well.

Expert:  Buachaill replied 7 months ago.

2. A respondent under the Arbitation Act, 2010, is not limited to merely pleading issues raised by the Claimant in his points of claim. There is nothing in an arbitration which posits that the Claimant sets the rules of play and the Respondent is prevented from pleading outside this ambit.

Expert:  Buachaill replied 7 months ago.

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Buachaill, Barrister
Category: Law
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Experience: Barrister 17 years experience
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