Common use of Pleadings Clause in Contracts

Pleadings. (a) The following shall apply to the Arbitration of any dispute: (i) within thirty (30) days of the appointment of the Arbitrator, the Applicant shall deliver to the Respondent and the Arbitrator a written statement (which for the purposes of this Schedule B only shall be referred to as the “Claim”) concerning a dispute setting forth, with particularity, its position on the Dispute and the material facts upon which it intends to rely; (ii) if the Applicant fails to deliver a Claim within the time limits referred to in (i) above, the Arbitrator shall proceed pursuant to the procedures relating to default set out in the Arbitration Act, 1991 (Ontario); (iii) within twenty-one (21) days of the delivery of the Claim, the Respondent shall deliver to the Applicant and the Arbitrator a written response (the “Defence”) setting forth, with particularity, its position on the Dispute and the material facts upon which it intends to rely; (iv) if the Respondent fails to deliver a Defence within the time limit referred to in (iii) above, the Arbitrator shall proceed pursuant to the procedures relating to default set out in the Arbitration Act, 1991 (Ontario); (v) within ten (10) days after the delivery of the Defence, the Applicant may deliver to the Respondent and the Arbitrator a written reply to the Defence (the “Reply”), setting forth, with particularity, its response, if any, to the Defence; (vi) within the time provided for the delivery of the Defence to the Claim, the Respondent may also deliver to the Applicant and the Arbitrator a counter-claim (the “Counter-Claim”) setting forth, with particularity, any additional Dispute for the Arbitrator to decide; (vii) within twenty-one (21) days of the delivery of a Counter-Claim, the Applicant shall deliver to the Respondent and the Arbitrator a defence to such Counter-Claim (the “Defence to Counter-Claim”). If the Applicant fails to deliver a Defence to Counter-Claim within such period, the Arbitrator shall proceed pursuant to the procedures relating to default of a Party set out in the Arbitration Act, 1991 (Ontario); (viii) within ten (10) days after the delivery of a Defence to Counter-Claim, the Respondent may deliver to the Applicant and the Arbitrator a reply to such Defence to Counter-Claim; and (ix) any dispute submitted to Arbitration in accordance with (vi) above shall be governed by, and dealt with as if it were the subject of a Complaint in accordance with these Rules, except that it shall be deemed a submission to the Arbitrator already appointed, and shall be determined by the Arbitrator accordingly.

Pleadings. (a) The following shall apply to the Arbitration of any dispute: (i) within thirty (30) days of the appointment of the Arbitrator, the Applicant shall deliver to the Respondent and the Arbitrator a written statement (which for the purposes of this Schedule B Appendix 2 only shall be referred to as the “Claim”) concerning a dispute setting forth, with particularity, its position on the Dispute dispute and the material facts upon which it intends to rely; (ii) if the Applicant fails to deliver a Claim within the time limits referred to in (i) above, the Arbitrator shall proceed pursuant to the procedures relating to default set out in the Arbitration Act, 1991 (Ontario); (iii) within twenty-one (21) days of the delivery of the Claim, the Respondent shall deliver to the Applicant and the Arbitrator a written response (the “Defence”) setting forth, with particularity, its position on the Dispute dispute and the material facts upon which it intends to rely; (iv) if the Respondent fails to deliver a Defence within the time limit referred to in (iii) above, the Arbitrator shall proceed pursuant to the procedures relating to default set out in the Arbitration Act, 1991 (Ontario); (v) within ten (10) days after the delivery of the Defence, the Applicant may deliver to the Respondent and the Arbitrator a written reply to the Defence (the “Reply”), setting forth, with particularity, its response, if any, to the Defence; (vi) within the time provided for the delivery of the Defence to the Claim, the Respondent may also deliver to the Applicant and the Arbitrator a counter-claim (the “Counter-Claim”) setting forth, with particularity, any additional Dispute dispute for the Arbitrator to decide; (vii) within twenty-one (21) days of the delivery of a Counter-Claim, the Applicant shall deliver to the Respondent and the Arbitrator a defence to such Counter-Claim (the “Defence to Counter-Claim”). If the Applicant fails to deliver a Defence to Counter-Claim within such period, the Arbitrator shall proceed pursuant to the procedures relating to default of a Party set out in the Arbitration Act, 1991 (Ontario); (viii) within ten (10) days after the delivery of a Defence to Counter-Claim, the Respondent may deliver to the Applicant and the Arbitrator a reply to such Defence to Counter-Claim; and (ix) any dispute submitted to Arbitration in accordance with (vi) above shall be governed by, and dealt with as if it were the subject of a Complaint in accordance with these Rules, except that it shall be deemed a submission to the Arbitrator already appointed, and shall be determined by the Arbitrator accordingly.