Form by xrstudio : February 28, 2021February 28, 2021 FormLeave a comment Please enable JavaScript in your browser to complete this form.PROCEDURAL ORDER NO 1In the matter of a/an [Mediation/Conciliation/Facilitated Contract Renegotiation/Neutral Evaluation/Expert Determination/Adjudication/Arbitration], and in the matter of a dispute between CLAIMANT *FirstLastRESPONDENT *FirstLast[Neutral’s] Orders for directions – No. 1Having carefully considered the oral/written submissions of [AB, Attorney/Representative] for the Claimant and [CD, Attorney/Representative] for the Respondent at the Procedural Meeting described below:LocationDate / TimeDateTimeI NOW ORDER AND DIRECT:Section Divider1. The Parties have indicated and agreed that my standard scale of fees and terms of engagement are accepted as communicated by the JAIAC.2. The [proceedings] will bewill not begoverned by any institutional rules.have/have 3. Other than recorded in this Procedural Order, the Parties have indicated that they HaveHave notnot entered into any other agreements affecting my powers in this matter. 4. The seat of the [proceedings/arbitration] is to be5. The language of the [proceedings/arbitration] is to be6 TheClaimantRespondentClaimant / Respondenthas indicated that my jurisdiction to hear the matters in dispute identified by the ClaimantRespondentClaimant / Respondentis challengedis not challengedon the grounds that some or all of those matters have not been submitted to me for consideration in these proceedings in accordance with their or any agreement. I will rule on the matter in an award on jurisdiction after considering written submissions only. The Parties are to serve written submissions as to their case on jurisdiction no later thana. Claimant’s/Respondent’s submissions to be served not later thanb. Claimant’s/Respondent’s submissions to be served not later than 14 days from service of the Claimant’s/Respondent’s submissions.ClaimantRespondentDatec. Claimant’s/Respondent’s reply to be served not later than 7 days from service of the Claimant’s/Respondent’s submissions.ClaimantRespondentDate7. The Parties are to set out their cases in writing by serving fully particularized narrative statements of case, annexing witness statements and principal relevant documents, listing all documents relied on, setting out arguments on points of law arising and a summary of the evidence to be adduced, on the following timetable: <br></br>a. Claimant’s statement of case is to be submitted not later than [date].b. Respondent’s statement of defence and statement of counterclaim is to be submitted not later thanfrom service of the Claimant’s statement of case.c. Claimant’s statement of reply and defence to counterclaim is to be submitted not later than [28 days] from service of the Respondent’s statements of defence and counterclaim.Dated. Documents to be served by electronic format shall be presented by [email to/cloud link/I-neutral]I-neutralE-mailCloud LinkLink / E-mail8. If either Party considers that there are documents or classes of documents in the possession, custody or power of the other Party and which have not been disclosed or listed in the statements of case and which are important to its case or defence, it shall make an application to me for an order for disclosure setting out the grounds for the application. 9. The strict rules of evidence do not apply. 10. Each Party shall simultaneously exchange proof of evidence of all witnesses of fact not later than [date]. Proofs of evidence shall stand as evidence-in-chief subject to the right to ask limited further questions if the matters covered could not reasonably have been included in the proofs of evidence. Date11. There will be one expert witness appointed by me to carry out inquiries and to serve a report in connection withExpert WitnessNot applicableYes12. The Claimant shall serve on the Respondent its detailed instructions to the expert not later than [date]. Date13. The respondent shall serve on the Claimant its supplemental instructions to the expert not later than [date] and serve two copies of the combined instructions on me by the same date.Date14. Not later than [ date ] both parties shall inform me whom they have agreed as expert, or in the absence of agreement, each party shall by the same date advise me of the names of three persons whom they consider would be suitable for appointment as expert.Date14. Not later than [ date ] both parties shall inform me whom they have agreed as expert, or in the absence of agreement, each party shall by the same date advise me of the names of three persons whom they consider would be suitable for appointment as expert.Date15. A copy of the expert report will be delivered to both parties not later than [date]. <br></br>Date16. There will be a Pre-hearing review meeting at [location]Locationon [date] [time]Pre-Hearing Date & TimeDateTimeto be attended by the [Attorneys/Representatives] chosen by each Party for the Pre-hearing.17. The Claimant shall prepare draft bundles of documents to be referred to at the hearing in chronological order with oldest documents at the top, at this stage unnumbered, and forward them to the Respondent not later than18. The Respondent is to interleave additional documents it requires to be added and return the bundles to the claimant not later than [date]. Date19. The Claimant to number and copy the bundles and deliver copies to me and to the Respondent not later than [date].Date20. There will be a hearing in these proceedingsthis arbitrationfor period ofto be held at [location] Hearing Locationfor [period]Hearing days12345678910Hearing start Date / TimeDateTimetoHearing end Date / TimeDateTimesitting on12345678910eachdayweekmonth21. The ClaimantRespondentJAIAC is to make the necessary arrangements including retiring rooms for the Parties and for me and is initially to bear the costs which will be part of the costs of the [proceedings/arbitration].22. TheClaimantRespondentJAIACis to arrange for an electronic transcription service with hard copies of each day’s proceedings to be available by [time] each [day]. The Claimant is initially to bear the costs which will be part of the costs of the [proceedings/arbitration].Date / TimeDateTime23. Each Party will be allocated 11.522.53.54.555.56Hoursrepresenting an estimate of%of the time available during the1235678910Days to use as they wish to complete their case. No more time will be allowed unless there are exceptional reasons for me to so allow. 24. The time to count against each Party will include opening and closing submissions during the hearing itself, examination-in-chief (if any) and re-examination of that Party’s witnesses and cross-examination of the other Party’s witnesses. 25. Time will be recorded to the nearest minute and the cumulative total time used by each party will be recorded to the nearest minute and the cumulative total time used by each party will be agreed at the end of each day’s hearing. 26. Time taken by me in questions of clarification during testimony will count against the Party examining at that time. 27. Time taken in questions asked by me at the close of a witness’s testimony will not count against either Party. 28. Statements of witnesses of fact will not be deemed to be proved merely if not challenged in cross-examination by the other Party. Neither Party shall be under any absolute duty to put all of the relevant parts of its case to each witness of the other Party. 29. The Claimant/Respondent indicated that it will be represented at the hearing by counsel. 30. Written opening statements shall be exchanged not later than If any legal and or technical authorities are relied on, full copies of such authorities relevant extract shall be provided.31. Witnesses are to be examined on oath or affirmation. Attorneys/Representatives are to provide documents necessary for the administration of oaths to witnesses not of the Christian or Jewish faiths. 32. Closing submissions to be decided after the hearingis to be submitted at the close of the hearingshall be in writing Dateclose of the hearing date33. It is confirmed that the substantive law applicable to these/this proceedings/arbitration is English law. 34. The Claimant / Respondent shall deposit the sum ofthe name of the JAIAC at [Bank] as security for my fees and expenses.With meJAIACnot later thanto be held in a none interest-bearing account inJAIACMy Nameat bank NBCScotiaSagicorJN Bankas security for my fees and expenses.35. The recoverable costs of each Party in respect of the claim (but not the counterclaim) shall be limited to the sum ofexcluding [GCT/VAT]36. The recoverable costs of each party in respect of the counterclaim (but not the claim) shall be limited to the sum ofexcluding [GCT/VAT]. 37. It is agreed thatI CanI Cannotuse my expert knowledge and experience in assisting in the determination of any of the disputes inthese proceedingsthis ArbitrationTherewill not bewill bea site inspectiononEach Party will be entitled to designate one person only to accompany me; I will also invite the expert witness to be present.I shallnot taketakeoral evidence during the site inspection.39. It is confirmed that I have authority to record agreements reached at the preliminary meeting on behalf of the Parties in the terms of this Order. 40. Liberty to either Party to apply to amend any of these directions. 41. Costs in the proceedings.42. All directions are by consent except those in paragraphsSignatureClear SignatureUpload Signature Click or drag a file to this area to upload. DistributionClaimant’s Attorney/Representative Respondent’s Attorney/Representatives JAIACSubmit
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