GUIDE to TOMAC ARBITRATION


SUBMISSION OF SUPPLEMENTARY STATEMENT


In the case of Ordinary Arbitration: a duplicate of the defence submitted to the Secretariat will be served on the Claimant generally by certified mail, and if the Claimant has any objection in regard to the defence he submits a supplementary statement. A duplicate of that supplementary statement is served on the Respondent. If the Respondent has any objection to the Claimant's supplementary statement, he too may submit a supplementary statement. In this manner, the supplementary statements pass through the Secretariat and back and forth to the parties. However, there is rarely need for supplementary statements to go back and forth 2 or 3 times because hearings are being simultaneously held.

In the case of Simplified Arbitration, the submission of supplementary statement is limited to the case where the Claimant has an objection to the defence. Beyond that there is no exchange of documentation back and forth between the parties. Any other supplementary statements must be made during the hearings. And under the SCAP procedure the parties are not permitted to submit supplementary statements.

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

Supplementary Statement

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

Claimant: Kofuku Shipping
Respondent: Kaisan Bussan K.K.

Arbitration of the Dispute over the Time Charter for the S.S. Heisei Maru

With respect to the Respondent's defence dated 17 May, 1994 in regard to the above-captioned matter, we hereby declare as follows.

From [the defence to the causes of claim]*2
(1) We admit the facts indicated in item 1.
(2) -----

Method of Proof (Supplementary)*3
Claimant's Exhibit No. 3. Certificates of delivery and contents for "Claim for Charter Hire Differential" mailed to the Respondent and dated 20 November, 1993.

To: The Japan Shipping Exchange, Inc.*4

30 May, 1994
Claimant Kofuku Shipping
Representative Director Namio Umino (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 Arbitration, the sequential numbering system is unnecessary because the Claimant only has one opportunity to respond to the Respondent's defence.
  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 defence. Afterwards, when it becomes necessary to submit additional documentation, make these supplementary submissions as in the example.
  4. (Note 4.) This addressee is customarily the Secretariat of the arbitration panel in charge of the arbitration in question.

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