Chapter- 4 Arbitration Proceedings and Powers of Arbitrators

Section 14: Submission of Claims, Counter-Claims, Objections or Rejoinders

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1) The claimant shall submit its claim to the arbitrator in writing, explicitly mentioning the details of the subject matter of the dispute and the remedy sought, along with evidence, and also supply a copy thereof to the other party within the time limit mentioned in the agreement, if any, and within three months from the date when a dispute requiring arbitration has arisen in case only the name of the arbitration has been mentioned in the agreement without mentioning any time limit, and from the date of appointment of the arbitrator in case the arbitrator has been appointed after the dispute has arisen.

2) After a claim is filed pursuant to sub-section (1), the other party shall submit its objection to it within 30 days from the date of receipt of the claim unless otherwise provided for in the agreement.

3) The other party shall submit its objection, as well as its counter-claim, if any, in that connection within the time limit mentioned in sub-section (2). In case it submits a counter-claim, the arbitrator shall also provide a time limit of 15 days for the claimant to submit its rejoinder over such counter-claim. In case a rejoinder is so submitted a copy thereof shall be supplied to the party making the counter-claim.

4) In case any party fails to submit its 1objection or rejoinder within the time limit mentioned in sub-section (2) or (3) due to circumstances beyond its control, it may submit an application to the arbitrator for an extension of the time limit within 15 days from the date of expiry of the time limit, explicitly mentioning satisfactory reasons for its failure to do so. The arbitrator may, if he/she finds the reasons mentioned in the application to be satisfactory, extend the time limit to not more than seven days.

5) While submitting claims, counter-claims, objections or rejoinders under this section, all documents, as well as evidence substantiating them, if any, shall also be submitted. In case the parties wish to substantiate any point through a witness, they must mention the full name and address of such witnesses in their claims, counter-claims, objections or rejoinders, and they shall themselves be responsible for presenting such witnesses before the arbitrator on the day prescribed by him/her.

6) Each party submitting documents to the arbitrator in connection with arbitration proceedings under this Act shall supply copies thereof to the other party.

1 Deleted by the Act Amending Some Nepal Acts, 2064

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