Rejoinder meaning

This Practice Note considers the right to advance additional submissions in an adjudication after the Response (often described as Reply > Rejoinder > Surrejoinder, and so on) the nature, format and practical drafting points for those submissions For guidance on other adjudication documents, see Practice Notes: The Notice of Adjudication Adjudication—the Referral Notice Adjudication—the Response Entitlement to make further submissions after the Response There is no inherent entitlement to serve material beyond the Response, and an adjudicator does not offend natural justice by declining to allow it (Barry M Cosmetics v Merit Holdings; AMEC Group v Thames Water). See also News Analysis: Natural justice does not require an adjudicator to permit a Rejoinder (Barry M Cosmetics v Merit). Nor is it necessarily contrary to natural justice for an adjudicator to impose a timetable that leaves no room for a Rejoinder (Balfour Beatty v Modus Corovest). By contrast, neither the Housing Grants, Construction and Regeneration...

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral Notice After a Notice of Adjudication is issued and an adjudicator is appointed, the dispute must be put before the adjudicator in a formal manner. The Referral Notice is the written document that submits the dispute to the adjudicator. See Practice Note: Adjudication—the Referral Notice and Precedent: Referral Notice for an adjudication. Referring party The party initiating the adjudication of the dispute, ie the claimant. Rejoinder The responding party’s second submission in an adjudication, provided in answer to the Reply from the referring party. Relevant Event Under the JCT form of contract, an occurrence that entitles the contractor to an extension of time to finish the works. See Practice Notes: JCT contracts—time and JCT—interpreting the lists of Relevant Events and Relevant Matters...

This Practice Note reviews the conduct of arbitration under the International Centre for Dispute Resolution (ICDR) International Dispute Resolution Procedures (including the Mediation and Arbitration Rules) (the International Rules), revised with effect from 1 March 2021. For a primer on the International Rules, including how to commence and answer ICDR arbitration proceedings, see Practice Note: ICDR (2021)—introduction to the institution—commencing arbitration and responding to arbitration. For guidance on arbitrating under earlier editions of the International Rules, see: ICDR arbitration—overview. For guidance on the American Arbitration Association® (AAA), see: AAA arbitration—overview. Pleadings The International Rules expressly envisage only the Notice of Arbitration, the Answer to the Notice of Arbitration, and any counterclaim with its answer. Parties may amend or supplement their claims, counterclaims or defences unless the tribunal finds it inappropriate, taking into account factors such as delay (ICDR, art 10). In practice, where proceedings are not bifurcated, the parties and the tribunal often adopt an additional briefing timetable, typically comprising: Statement of Claim Statement...