Best Filing Your Claim Before the Arbitrator Lawyer

The statement of claim is your written case before the arbitrator. It sets out who the parties are, what the contract says, what went wrong, what you are claiming and why, and the documents that prove it. Everything that follows, the defence, the evidence, the hearings and the award, is built around it. A tribunal can only award what has been claimed, so a claim that leaves out a head of loss, or describes it vaguely, can cost you money at the end.

This page is for claimants preparing their claim after the arbitrator has been appointed, and for anyone who wants to understand what a good claim looks like. In short: the claim and the defence should be completed within six months of the arbitrator receiving notice of appointment; the claim should state the facts, the points at issue and the relief sought, and attach the documents relied on; and amendments are possible, but late changes can be refused.

A clear, well-organised claim makes the arbitrator's job easier and shortens the case. That is in your interest.

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What a good claim contains

Turning a dispute into heads of claim

Most disputes involve several different claims, and each needs to be stated separately. A construction contractor may claim unpaid running bills, the final bill, refund of liquidated damages deducted, release of retention money, prolongation costs, and escalation. A supplier may claim unpaid invoices, interest under the contract, and damages for wrongful termination. A shareholder may claim specific performance of a put option, damages for breach of information rights, and costs.

For each head, state the facts that give rise to it, the contract clause or legal principle it rests on, the amount, and how the amount is calculated, with a reference to the supporting documents. Use annexed calculation sheets for complex figures. A tribunal that can follow your arithmetic is more likely to accept it.

Do not double count. Claiming both the unpaid price and the full value of goods, or both loss of profit and wasted expenditure for the same work, invites the tribunal to reject both. Where heads overlap, say so and claim them in the alternative.

How we prepare a statement of claim

Time and typical cost range

Our fees are agreed in writing at the start, stage by stage, and are not linked to the outcome.

Documents usually annexed

Pleadings and their timing

Claims not in the arbitration notice

A common question is whether a claimant can include claims that were not mentioned in the Section 21 notice. The answer depends on the arbitration agreement and the facts. If the arbitration clause covers all disputes arising out of the contract, and the new claims arise from the same contract and were in dispute when arbitration began, tribunals generally allow them. Courts have held that the notice need not list every claim in detail.

But there are two risks. First, limitation: a claim that was not raised in the notice may be treated as commenced only when it was first raised, which may be outside three years. Second, if the reference was made by a court under Section 11 for specific disputes, the tribunal's jurisdiction may be limited to those disputes. If you are unsure, raise all known claims in the notice, and reserve the right to add others.

Amendments to the claim

Section 23(3) allows either party to amend or supplement its claim or defence during the proceedings, unless the tribunal considers it inappropriate to allow the amendment having regard to the delay in making it. Tribunals usually allow amendments that clarify or update figures, add interest, or respond to new facts. They are more cautious with amendments made late in the case that introduce new claims requiring new evidence, especially if they would cause prejudice or delay.

If you realise during the case that a claim is missing, apply to amend promptly, explain why it was not included earlier, and offer to bear any costs caused by the amendment.

Laws that apply

How we work

We are a litigation and advisory practice led by Advocate BK Singh, with offices in Dwarka (New Delhi) and Vaishali (Ghaziabad). This is what you can expect:

• Document-first drafting: the claim built from your records.
• Clear quantification: every figure traceable to a document.
• Anticipating the defence: answering likely objections in the claim.
• Timetable discipline: filings on time, within the six-month window.
• Written fee terms: agreed stage by stage, never linked to the outcome.

Mistakes in statements of claim

Quantifying damages that are hard to measure

Some heads of claim are easy to quantify: an unpaid invoice is what it is. Others are harder. Loss of profit on a terminated contract, prolongation costs for a delayed project, and losses from a supplier's failure to deliver all require a method.

For loss of profit, tribunals look for evidence of the margin the claimant would have earned: its historical margins on similar work, the contract's pricing, and the costs it saved by not performing. A claim at 15% of the balance contract value, with no evidence of actual margins, invites a reduction. In Unibros v All India Radio (2023), the Supreme Court said that loss of profit claims need reasonable proof, not just assertion.

For prolongation costs, tribunals expect to see the actual costs incurred during the extended period: site staff salaries, equipment hire, overheads, extended guarantees and insurance, linked to the period of employer-caused delay. Formulas such as Hudson or Emden are sometimes used for head office overheads, but tribunals increasingly prefer actual cost evidence where it is available.

Writing for the arbitrator

Arbitrators read a great deal of paper. A claim that is easy to read is more persuasive. Use short paragraphs, numbered for reference. Use headings that match the heads of claim. Put the chronology in a table if it is long. Refer to documents by their page numbers in the bundle. Avoid repeating the same facts in several places. Keep argument for the written submissions at the end of the case; the claim should state facts and the basis for relief, not long legal arguments.

Address the obvious weaknesses. If you accepted a payment marked "full and final", explain the circumstances. If you signed an extension "without financial implications", explain why it does not bar the claim. An arbitrator who sees that you have dealt honestly with the difficulties will trust the rest of the claim more.

Witness statements and expert reports

Although witness statements are usually filed after the pleadings, plan them while drafting the claim. Identify the people who can prove each fact: the project manager for site events, the accounts head for payments, the commercial manager for negotiations. Interview them early, while memories are fresh. Their accounts may reveal gaps in the documents or facts that change the claim.

If expert evidence will be needed, on delay, quantum, technical defects or valuation, engage the expert early enough to inform the claim. A claim drafted without the expert's input, and then contradicted by the expert's report, damages credibility. Agree with the tribunal at the first meeting whether experts will be party-appointed or tribunal-appointed, and the timetable for their reports.

Claims in MSME, loan and institutional cases

In an MSME council arbitration, the claim is usually simpler: an invoice-wise table, delivery proof and an interest calculation under Section 16. Councils appreciate claims that are concise and well documented. In institutional arbitrations, the institution's rules may require specific contents, such as a request for arbitration followed by a fuller statement of claim, and may set page limits or formats. In loan arbitrations, lenders typically file a statement of account and the loan agreement; borrowers responding should check the statement line by line, because the claim often rises or falls on the figures.

Interest in the claim: getting it right

Interest is often a substantial part of what a claimant recovers. Under Section 31(7)(a), the tribunal may award interest at a reasonable rate for the whole or part of the period from the date the cause of action arose to the date of the award, unless the parties agreed otherwise. So read the contract: if it fixes a rate for delayed payment, claim that rate; if it bars interest, the tribunal cannot award pre-award interest, as the Supreme Court held in Union of India v Larsen & Toubro (February 2026), though post-award interest remains available.

In the claim, state the interest for each head separately: the rate, the start date (usually the date each amount fell due), and the end date (the date of the award). Ask also for post-award interest under Section 31(7)(b). For MSME suppliers, claim interest under Section 16 of the MSMED Act, which overrides the contract. See interest on arbitration awards.

Responding to the counter-claim

If the respondent files a counter-claim, you become a respondent on that claim. File a defence to the counter-claim within the time the tribunal fixes, dealing with each allegation and raising your own defences, such as limitation, lack of evidence of loss, and contractual exclusions. Consider whether the counter-claim falls within the arbitration agreement at all; the Supreme Court has held that counter-claims are generally permissible if they fall within the scope of the agreement.

Counter-claims also affect fees. Arbitrators often fix separate fees for counter-claims, and the claimant may have to share the cost of a counter-claim it considers weak. Raise the fee question promptly, and ask for costs if the counter-claim fails.