Chapter 25 - The Last Pleadings And Oral Argument - International Arbitration Law And Practice, Third Edition
Mauro Rubino-Sammartano is a Partner at LawFed-BRSA. Mr. Rubino-Sammartano is currently the President of the European Court of Arbitration and of the Mediation Centre of Europe, the Mediterranean and Middle East. He is also an associate member, as Italian advocate of Littleton Chambers in London. Mr. Rubino-Sammartano has acted and regularly acts as chairman, party-appointed, sole arbitrator and counsel in a large number of arbitral proceedings. His practice is largely based on international and national litigation and arbitration in the field of contracts, construction law, mergers and acquisitions, sales of goods, joint ventures and interlocutory injunctions.
Originally from International Arbitration Law and Practice, Third Edition
25.1. Appreciation of the Evidence and Amendments
to Claims and Defences
After hearing the evidence, the parties are entitled to consider its
results and this may induce them to amend their claims or defences.
Many arbitration rules prevent such amendments or require the
arbitrators’ leave for these amendments. The rationale of this policy
is to avoid disorder and delays.
We agree with the goal of this rationale, but with a proviso.
Whenever an amendment does not cause disorder or delays, it should
be allowed since not allowing it would prevent that party from
exercising its right to defend itself, and thereby would affect the
“contradictoire” or adversarial principle.
The related principle which is referred to as “contradicere” from
Latin (without which there cannot be any due process) means the
right of each party – to make its claims or defences – i.e., to “speak” or
dicere – as well as its right to oppose i.e., “counter” the other parties’
claims and defences, thus, contradicere.
CHAPTER 25: THE LAST PLEADINGS AND ORAL ARGUMENT
Appreciation of the Evidence
25.1 Appreciation of the Evidence and Amendments to Claims and Defences
25.2 The Final Addresses
25.3 The Post Evidentiary Brief and the Rebuttal
25.4 The Last Word
Review by the Tribunal – Possible Reopening of the Case
25.5 Review by the Tribunal of the Status of the Proceedings – Reopening of the Case