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Second, it must be the claimant’s whole case, not merely a part thereof or a placeholder. The parties are entitled to know the specific grounds which are to be advanced in challenge to an arbitration
Second, it must be the claimant’s whole case, not merely a part thereof or a placeholder. The parties are entitled to know the specific grounds which are to be advanced in challenge to an arbitration award: see Leibinger v Stryker Trauma GmbH [2006] EWHC 690 (Comm), at [31] to [33] per Cooke J.
Third, evidence must be contained in the arbitration claim or filed at the same time: CPR r.8.5(1), (7). No written evidence may be relied on at the hearing of the claim unless it has been served in accordance with this rule, or the court gives permission: CPR r.8.6(1).
- Heading
- HIS HONOUR JUDGE BAUMGARTNER
- The Award
- The Claim
- Procedural history
- Amendment Application
- Amendment Application
- First, the claim form as issued within 28 days must be capable of standing on its own as a “ complete, particularised statement of the case to be advanced ”: See section O3.2 of the Commercial Court G
- Second, it must be the claimant’s whole case, not merely a part thereof or a placeholder. The parties are entitled to know the specific grounds which are to be advanced in challenge to an arbitration
- Fourth, any allegations of fraud must be pleaded squarely and fairly, not in a mealy-mouthed way. This is not a requirement specific to arbitration claims but applies more widely: see Three Rivers Dis
- Discussion and analysis
- Defective, as showing no ground on which fraud can be inferred
- Discussion and analysis
- No real prospect of success
- Discussion and analysis
- Conclusions