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GUIDE to TOMAC ARBITRATION

5. SUBMISSION OF SUPPLEMENTARY STATEMENT

Table of Contents

    In the TOMAC arbitration, there is a defense to the arbitration application, followed by "Supplementary Statements" Generally, terms of the court such as "briefs," etc., are not used.

    The Ordinary Rules stipulate that in the event of any further supplementary statement and documentary evidence being filed, the procedure of filing shall be repeated. In the Simplified Rules, the Claimant is entitled to submit a supplementary statement against the Defense. Further arguments by the parties should be submitted orally to the Tribunal at the hearing. Under the SCAP Rules, the proceedings are in principle based on documents only. The Claimant shall submit its Final Supplementary Statement against the Defense, to which the respondent is to submit its own Final Supplementary Statement.

Supplementary Statement

CLAIMANT'S SUPPLEMENTARY STATEMENT (No. 1) (Sample) *1

______________, 20____

To: TOMAC

Claimant: _________________
Respondent: _________________

ARBITRATION ARISING OUT OF THE DISPUTES
RELATING TO THE TIME CHARTER FOR THE S.S. HEISEI MARU
(CASE No. TOMAC-2014XXX)

With respect to the Respondent's defense dated _______ in regard to the above captioned matter, we hereby declare as follows.

(1) We admit the facts indicated in item 1.*2 .....

(2) ......

Method of Proof (Supplementary)*3
Claimant's Exhibit No. A-6: Certificates of delivery and contents for "Claim for Charter Hire Differential" mailed to the Respondent dated _____.

Attorney for the Claimant: (Signature)
Explanation of Claimant's Supplementary Statement (No. 1)
  1. (Note 1.) The titles "Claimant's Supplementary Statement" or "Respondent's Supplementary Statement" clearly identify from which party the document came. Moreover, by identifying the sequential numbers of the supplementary statements, document organization is made much easier. This naming system is also convenient for quoting the supplementary statements in future submissions. In the case of Simplified (or SCAP) Arbitration, the sequential numbering system is unnecessary because the Claimant only has one opportunity to respond to the Respondent's defense.
  2. (Note 2.) Write down the point by referring to each item of the other party's supplementary statement.
  3. (Note 3.) In this regard Arbitration is different from litigation in that it is desirable that all documentation be submitted along with the Arbitration application and the defense. Afterwards, when it becomes necessary to submit additional documentation, make these supplementary submissions as in the example.
4. DEFENSE SUBMITTED BY THE RESPONDENT 6. APPOINTMENT OF ARBITRATORS

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