Ancillary Claims – Additional Facility Arbitration (2022 Rules)
An ancillary claim is an incidental claim, additional claim or a counterclaim. A party may file such a claim if it is within the scope of the arbitration agreement of the parties (Additional Facility Arbitration Rule 58(1)).
In addition, ancillary claims must be filed within certain time limits (Additional Facility Arbitration Rule 58(2)). Incidental and additional claims are submitted by the moving party and must be filed no later than with that party’s reply. Counterclaims are submitted by the other party and must be filed no later than with that party’s counter-memorial.
If there is a preliminary objection to an ancillary claim (Additional Facility Arbitration Rule 53(2)), it must be filed no later than by the date to file the next written submission after the ancillary claim (e.g., the reply if a counterclaim was filed with the counter-memorial).
The Tribunal determines the briefing schedule on the ancillary claim in consultation with the parties and typically rules on the claim in its Award.