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