Form by xrstudio : February 28, 2021February 28, 2021 FormLeave a comment Please enable JavaScript in your browser to complete this form.In the matter of an/a [Arbitration/Mediation/Conciliation/Facilitated Contract Renegotiation/Expert Determination/Neutral Evaluation/Adjudication] and in the matter of a dispute between Claimant Name *FirstLastParty ARespondent Name *FirstLastParty BTake Notice that the first Procedural Meeting in this matter will be held as follows: DateTime[INDICATIVE] AGENDAConfirmation by the Parties that they are they have no objection to the appointment of the [Neutral].Agreement of the [Neutral’s] standard scale of fees and terms of engagement.Identification and confirmation of the written agreement under which the dispute arises.Identification and confirmation of the nature of the matter in dispute in general terms.Determination of the Rules of the proceedings. [Whether institutional rules or legislative rules].Determination of whether the Parties have entered into any other agreements that may affect the [Neutral’s] powers under any rules or laws.Agreement/Confirmation of the seat of the proceedings.Agreement of the language of the proceedings.Determination of whether there are any questions of jurisdiction to be considered.If yes, is the Tribunal to rule on the matter in an award as to jurisdiction or as part of an award on the merits?What will be the timetable for exchange of submissions on jurisdiction?Determination of the date for hearing(s) on jurisdiction (if any). If an application is to be made to the court for a ruling on jurisdiction, should the proceedings continue in the meantime?Whether any, and if so what form of, written statements of claim and defence are to be used, when they should be submitted and the extent to which such statements can be amended later. Formal pleadingsThird ChoiceFull narrative of statement of case annexing witness statements and principal relevant documents, listing all documents to be relied on, setting out arguments on points of law arising and summary of evidence to be adduced.Will requests for further and better particulars be permitted? Time for delivery and reply?Whether reply to defence will be allowed?Whether non-electronic communication will be allowed? The extent, protocols and restrictions. Determination of what documents or class of documents should be disclosed between and produced by the Parties, and at what stage, dates for exchange of lists and inspection.Determination of what questions, if any, should be put to and answered by the respective parties, when and in what format.Determination of what rules of evidence will be applicable.Determination on whether and to what extent the tribunal should itself take the initiative in ascertaining the facts and the law.Determination of whether there will be a hearing or consideration of the matter solely on the basis of documentary evidence?If determination of the matter will be solely based on documentary evidence, what documents are to be submitted and at what stage?CheckboxesDetermination of whether and to what extent there should be oral or written evidence of fact:If written evidence, date for simultaneous exchange of statements of witnesses of fact.Will rebuttal statements be allowed? If so, date for exchange.Whether witness statements will be treated as evidence in chief, subject to a right to ask limited further questions if the matters covered could not reasonably have been included in the witness statements.Expert Witnesses:Will the Tribunal or the Parties appoint? If Tribunal appointed, dates for joint instructions to the experts. If party appointed, number on each side, each party to disclose identity and qualification to the other side.If party appointed, experts of like discipline to meet on a without prejudice basis as often as necessary, in order to attempt to narrow the differences between them; and latest date for first meeting.Date for delivery of expert reports; if party appointed, to be exchanged simultaneously.Joint signed statement of experts of like discipline setting out all matters agreed and not agreed, to be served with reports.Are brief supplementary reports in reply allowed? If yes, date for submissions and/or simultaneous exchange? Pre-hearing review meeting, date, time, location – Will attendance of advocates be required?Claimant to prepare draft bundles in chronological order with oldest documents at the top, at this stage, unnumbered and forwarded to the Respondent.Respondent to interleave additional document it requires to be added and return to Claimant.Determination of the protocols for the electronic storage of documents.The HearingDuration, time and virtual platform to be engaged/place; who is to arrange venue and facilities, of not being arranged through the JAIAC?Transcript of hearing; electronic transcribing? Transcript to be available, when?Restriction on the length of the hearing? How will time be apportioned to Parties? Representation of parties. Will the parties be present? If not, who will represent them respectively?Date for exchange of written opening statements – full copies of all authorities [legal and technical] to be provided.Determination of whether witnesses will be examined on oath or affirmation: Attorneys/representative to provide documents necessary for administration of oaths to witnesses not of Christian or Jewish faiths, where oaths instead of affirmations are to be administered. CheckboxesDetermination of whether the [Neutral] may order provisional relief. Determination of any points of law, rules or other issues that may be appropriate for a partial award. Determination of the substantive law applicable. Determination of whether there should be written reasons for the awardDetermination of whether to exclude powers of the court on any aspect of the dispute. Determination whether proceedings can be consolidated with any other similar proceedings, or whether concurrent hearings can be held; If so, on what terms? Determination of security for the [Neutral’s] fees and expenses. Determining any limits on recoverable costs of whole or part of the proceedings (the legal or other costs of the parties) to a specified amount. Determination of the protocols for communication with the [Neutral] – copies of all communication to the [Neutral] to be copied to the other party – protocols for telephone calls.Determination on whether the [Neutral] can use his expert knowledge and/or experience in the proceedings. Any restrictions? Determination of whether there will be any site inspections. When? How? Determination of whether the [Neutral] will have authority to record any agreements reached at the preliminary meeting on behalf of the Parties.Any other businessThe expected duration of this Procedural Meeting is no longer thanMeeting time1 hour2 hours3 hours4 hours5 hours6 hours7 hours8 hours9 hours10 hoursThe Parties are required to note the scheduled date of this Procedural Meeting and within seven (7) days of receipt of this Notice, each party is to indicate in writing to the JAIAC whether the date is satisfactory. [If an alternative date is required, the Party’s response must disclose such date.] Submit
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