Comment This case illustrates the importance of paying close attention to the tribunal’s terms of reference when conducting an arbitration. A party wishing to avoid the risk of additional claims being added to the same arbitration should request that the arbitrator specifies the claims with which he is dealing with as much particularity as possible. Otherwise, it may be difficult to resist a later attempt to add additional claims arising out of the same factual background.
Likewise, claimants should consider at an early stage whether their case should be pleaded on two or more alternative bases in order to preserve a fallback argument in the event of being unsuccessful on their primary case. Had Mr Bond included his claim for compensation for interference with his use of land at the outset, the costs and delay of the application to the TCC might have been avoided.
About the Authors
Richard Bamforth Partner
Liz Williams Lawyer
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