Cannot inroduce new issues in points of claim arbitration

A great topic in the realm of arbitration!

In points of claim arbitration, the general rule is that parties cannot introduce new issues or claims that were not previously raised in the pleadings or submissions. This is known as the "no-new-issues" or "no-new-claims" rule.

The purpose of this rule is to prevent surprise and to ensure that the parties have a fair opportunity to prepare and respond to the claims and issues that are being presented. It also helps to prevent the introduction of new evidence or arguments that could have been raised earlier in the process.

In general, the no-new-issues rule applies to the following types of claims:

  1. New claims: Parties cannot introduce new claims that were not previously raised in the pleadings or submissions.
  2. New issues: Parties cannot raise new issues or arguments that were not previously raised in the pleadings or submissions.
  3. New evidence: Parties cannot introduce new evidence that was not previously disclosed or made available to the other party.

However, there may be exceptions to the no-new-issues rule in certain circumstances, such as:

  1. Clarification or correction: If a party seeks to clarify or correct a previous claim or issue, this may be allowed if it does not introduce a new claim or issue.
  2. Amended pleadings: If a party seeks to amend its pleadings to add a new claim or issue, this may be allowed if the other party is given notice and an opportunity to respond.
  3. Discovery: If new evidence is discovered during the discovery process, this may be allowed if it is relevant to a previously raised claim or issue.

It's important to note that the no-new-issues rule is not absolute, and the arbitrator may allow the introduction of new issues or claims in certain circumstances. However, it is generally the responsibility of the parties to identify and raise all claims and issues in their pleadings and submissions, and to provide notice to the other party of any new claims or issues that may arise during the arbitration process.