Information for Respondents
If you have received a notice from the Institute
You are entitled to be heard in full. The Institute is independent of both parties and does not act for the claimant.
Art. 1
The nature of the notice
A notice from the Institute does not decide anything against you.
That the claimant has invoked arbitration under an agreement to which you are said to be a party.
Decide liability. Only an independent arbitrator can, after hearing both sides.
Section 21
Art. 2
Your rights in the proceedings
You are entitled to be heard in full.
- Equal treatment and a full opportunity to present your case. S. 18
- A copy of everything the claimant files. S. 24
- The arbitrator’s disclosure, and the right to challenge. S. 13
- Objection to the tribunal’s jurisdiction. S. 16
- A defence, counter-claim or set-off. S. 23(2A)
- Representation by an advocate of your choice.
- Hearings online or in person, and a signed copy of the award.
Art. 3
Time to respond
To challenge the arbitrator, from learning of the ground. S. 13(2)
Any objection to jurisdiction, no later than the statement of defence. S. 16(2)
The statement of defence, within the time the tribunal fixes. S. 23
Art. 4
Consequences of not responding
An admission of the claim.
The opportunity to present your case.
Section 25
Art. 5
Settlement
You may settle at any stage.
With the claimant, directly or through mediation.
At the parties’ request, the tribunal records it as an award on agreed terms, with the same effect as any other award.
Section 30
Art. 6
Remedies after the award
An award may be challenged only on the limited grounds the Act sets out.
From receipt of the award, to apply to the competent court.
At most, if sufficient cause is shown.
Section 34
Form
Entering appearance
Quote the case reference printed on your notice. The Registry will confirm receipt and give you access to the case file.