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Part III The Initiation of the Arbitration and the Identification and Clarification of the Issues Presented, Ch.13 Amendments to the Claim or Defence

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

A newer edition of The UNCITRAL Arbitration Rules is available. Latest edition (2 ed.)
Next Edition: 2nd Edition Latest edition (2 ed.)
Content type:
Book content
Product:
International Commercial Arbitration [ICMA]
Series:
Oxford Commentaries on International Law
Published in print:
23 March 2006
ISBN:
9780199297597

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

A party may wish to modify his claim or defence in the course of the arbitral proceedings. For practical and economic reasons, the tribunal should maintain a flexible attitude towards the acceptance of such modifications, as the alternative may be the commencement of new arbitral proceedings. Giving a party an unlimited right to make amendments, however, could be prejudicial to the other party and hamper the orderly conduct of the proceedings. Article 20 of the UNCITRAL Rules seeks to balance these competing interests.

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