2009年6月ACCA試題：F4試題（全球）答案五

　?。╞） Article 23 of the Model Law in International Commercial Arbitration specifically refers to statements of claim and defence. As regards the statement of claim the Article provides that， within the period of time agreed by the parties or decided on by the arbitral tribunal， the claimant has to state the facts supporting their claim， the points at issue and the relief or remedy sought. In response the respondent should state his defence in respect of these particulars， unless the parties have otherwise agreed as to the required elements of such statements. In addition the parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.

　　However， unless otherwise agreed by the parties， either party may amend or supplement their claim or defence during the course of the arbitral proceedings， unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.

　　Article 24 makes it clear that all statements， documents or other information supplied to the arbitral tribunal by one party shall be communicated to the other party. Also any expert report or evidentiary document on which the arbitral tribunal may rely in making its decision also has to be communicated to the parties.

　　Article 25 makes clear the different consequences for the parties if they fail to submit their statements of claim or defence. Thus unless otherwise agreed by the parties， if， without showing sufficient cause， the claimant fails to communicate his statement of claim in accordance with article 23（1）， then not surprisingly as there will be no claim to determine， the arbitral tribunal shall terminate the proceedings. However， where the respondent fails to communicate their statement of defence in accordance with article 23（1）， the arbitral tribunal shall continue the proceedings， but it will not treat such failure in itself as an admission of the claimant‘s allegations.

　　Article 25 provides further that where either party fails to appear at a hearing or to produce documentary evidence， the arbitral tribunal may continue the proceedings and make the award on the evidence before it. These provisions， which empower the arbitral tribunal to carry out its task even if one of the parties does not participate are of considerable practical importance since they allow the tribunal to perform its function even where one of the parties has little interest in co-operating or expediting its operation.

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