In the matter of a/an [Mediation/Conciliation/Facilitated Contract Renegotiation/Neutral Evaluation/Expert Determination/Adjudication/Arbitration], and in the matter of a dispute between

[Neutral’s] Orders for directions – No. 1

Having 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:

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1. The Parties have indicated and agreed that my standard scale of fees and terms of engagement are accepted as communicated by the JAIAC.

governed by any institutional rules.

not entered into any other agreements affecting my powers in this matter.

7. 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>

from 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.

8. 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.

16. There will be a Pre-hearing review meeting at [location]

on [date] [time]
to be attended by the [Attorneys/Representatives] chosen by each Party for the Pre-hearing.

18. The Respondent is to interleave additional documents it requires to be added and return the bundles to the claimant not later than [date].

19. The Claimant to number and copy the bundles and deliver copies to me and to the Respondent not later than [date].

for period of
to be held at [location]
for [period]
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].
is 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].
Days 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.

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.
33. It is confirmed that the substantive law applicable to these/this proceedings/arbitration is English law.

the name of the JAIAC at [Bank] as security for my fees and expenses.
as security for my fees and expenses.
excluding [GCT/VAT]
excluding [GCT/VAT].
a 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 paragraphs

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Claimant’s Attorney/Representative

Respondent’s Attorney/Representatives


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