Part I Commentary on the ICDR International Rules, 9 Article 9—Amendment or Supplement of Claim, Counterclaim, or Defense
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Arbitral tribunals — Arbitration — Counterclaims
This chapter focuses on Article 9, which affords the parties relatively wide latitude to modify claims, counterclaims, or defenses, including set-offs. The ICDR Rules provide a permissive standard, establishing that modification by means of amendment and supplementation is possible at any time during the proceedings, as long as the arbitral tribunal considers it appropriate. Such claim, counterclaim, set-off, or defense modifications are required to be within the scope of the arbitration agreement—that is, the boundaries of an arbitral tribunal’s jurisdiction. The parties’ general right to amend their claims or defenses, including set-off, is subject to the tribunal’s power of rejection on grounds of unexcused delay or prejudice to the parties or proceedings.