Uncategorized by xrstudio : April 20, 2021 Uncategorized Please enable JavaScript in your browser to complete this form.IN THE MATTER OF AN ARBITRATIONUNDER THE ARBITRATION RULES OF THE JAMAICA INTERNATIONAL ARBITRATION CENTRE (JAIAC) AND THE ARBITRATION ACT OF BETWEEN CLAIMANTRESPONDENTFINAL AWARDRENDERED THE … DAY OFINTRODUCTIONThis arbitration arises under a [Design and Build Agreement] between the parties datedand it concerns a [contractual dispute] between them.The subject matter of the contract requiredby theClaimant,[AB] Respondent,[CD]for theClaimant,[AB] Respondent,[CD]The parties have asserted competing claims in these proceedings.BACKGROUNDThe claimant is represented byin these proceedingsThe respondent represented byin these proceedings.The Arbitration Agreement and Appointment of the ArbitratorDateTimeThe agreement to arbitrate is in the Design and Build Contract, datedClause, under which this arbitration is being pursued, contains the following provision:Insofar as the seat of the arbitration, language and procedural law to be applied are concerned, the parties agreed that:the seat shall bethe language shall beand the procedural law to be applied in the conduct of the arbitration is the Law ofI received Notice from the Secretary General of the JAIAC on the *FirstLastindicating that the parties had jointly selected me from the JAIAC Panel of Neutrals as the person they wished to have as their Arbitrator in these proceedings. Having satisfied myself that: (a) I had no conflict, of which I am aware, (b) the issues to be resolved in the arbitration were within my competence, and (c) I had time available to serve as Arbitrator, by letter datedI accepted an appointment to serve as Arbitrator, in accordance with the reference made, and in accordance as well with the provisions of theJAIACFast Track ArbitrationArbitrationMediationRulesMy appointment was confirmed by the parties at a Preliminary Meeting held onrecorded in Procedural Order datedPRIOR COURT PROCEEDINGS (IF ANY) AND OTHER PRELIMINARY MATTERSPRIOR COURT PROCCEDINGS (IF ANY)The Claimant commenced litigation against the Respondent by Claim Form filed with supporting Particulars of Claim in Supreme Court ofThe claim was recorded as Claim No.The Particulars of Claim asserted that:Relief was claimed as follows:The Respondent filed an Acknowledgement of Service onand its Defence onBoth were filed in the Supreme Court ofThe Defence asserted that:(Other Court steps, each in a separate numbered paragraph)PRELIMINARY MATTERSA preliminary meeting was held onThe Claimant was represented by *FirstLastand the Respondent by *FirstLastFollowing the meeting, onthe Tribunal issued a Procedural Order, which established that:THE SUBSTANTIVE DISPUTEThe ContractThe Parties' Contentions in Their PleadingsIn its Statement of Claim, filed onIn its Statement of Claim, the Claimant filed thatIn its Statement of Defence, filed onIn its Statement of Defence, the Respondent filed thatThe HearingA hearing on the merits was held onatThe Claimant was represented by *FirstLastand the Respondent by *FirstLastDuring the hearing,(Witnesses called)(Documents tendered)Reasons For The AwardLaw Applicable to the DisputeAs stated previously, the Law ofgoverns the procedural aspects of this hearing.Issues to be DecidedThis case presents … issues to be decided, as follows:Distilling the IssuesIssue (a)1. The Parties’ Contentions2. Analysis3 DecisionIssue (b)1. The Parties’ Contentions2. Analysis3. DecisionIssue (c)1. The Parties’ Contentions2. Analysis3. DecisionD. InterestE. CostsTHE OPERATIVE PARTFor the reasons set out above, the Tribunal renders the following:AWARDPlace of Arbitration (Seat):Date / TimeDateTimeThe Arbitral TribunalClear SignatureSole ArbitratorSubmit