PART 18Amendments to statements of case
Amendments to statements of case
A party may amend his statement of case at any time before it has been served on any other party.
If his statement of case has been served, a party may amend it only –
(1) with the written consent of all the other parties; or
(2) with the permission of the Tribunal.
If a statement of case has been served, an application to amend it by removing, adding or substituting a party must be made in accordance with Part 20.
Power of Tribunal to disallow amendments made without permission
If a party has amended his statement of case where permission of the Tribunal was not required, the Tribunal may disallow the amendment.
A party may apply to the Tribunal for an order under Rule 18.4 within 14 days of service of a copy of the amended statement of case on him.
Amendments to statements of case with the permission of the Tribunal
Where the Tribunal gives permission for a party to amend his statement of case, it may give directions as to –
(1) amendments to be made to any other statement of case; and
(2) service of any amended statement of case.
The power of the Tribunal to give permission under Rule 18.6 is subject to –
(1) Rules 20.6 to 20.9 (change of parties – general); and
(2) the provisions of any law or enactment imposing a relevant limitation period.
Applications to amend where the permission of the Tribunal is required
Questions of amendment, and consequential amendment, should wherever possible be dealt with by consent. A party should consent to a proposed amendment unless he has substantial grounds for objecting to it
The application may be dealt with at a hearing or, if Rule 23.68 applies, without a hearing.
When making an application to amend a statement of case, the applicant should file with the Tribunal:
(1) the application notice,
(2) a copy of the statement of case with the proposed amendments, and
(3) any evidence submitted in support of the application.
Late amendments should be avoided and may be disallowed.
Where permission to amend has been given, the applicant should within 14 days of the date of the order, or within such other period as the Tribunal may direct, file with the Tribunal the amended statement of case.
A copy of the order and the amended statement of case should be served on every party to the proceedings, unless the Tribunal orders otherwise.
Where the Tribunal’s permission is not required the amended statement of case must be filed with the Tribunal and served on every party to the proceedings.
The amended statement of case and the Tribunal copy of it should be endorsed as follows:
(1) where the Tribunal’s permission was required:
“Amended [Particulars of Claim or as may be] by Order of [Mr. Registrar X, The Dubai World Tribunal or as may be] dated……………”
(2) Where the Tribunal’s permission was not required:
“Amended [Particulars of Claim or as may be] under RDWT [Rule 18.1 or 18.2(1)] dated………………”
The statement of case in its amended form must show the original text, unless the Tribunal orders otherwise.
Amendments may be shown by using footnotes or marginal notes, provided they identify precisely where and when an amendment has been made.
However, the Tribunal may direct that the amendments should be shown either:
(1) by coloured amendments, either manuscript or computer generated, or
(2) by use of a numerical code in a monochrome computer generated document.
Where colour is used, the text to be deleted should be struck through in colour and any text replacing it should be inserted or underlined in the same colour.
The order of colours to be used for successive amendments is: (1) red, (2) green, (3) blue and (4) brown.
If there have been extensive amendments, it may be desirable to prepare a fresh version of the statement of case as amended. However, a copy of the statement of case showing where and when amendments have been made must also be made available.
All amendments to any statement of case must be verified by a statement of truth unless the Tribunal orders otherwise.
A party applying for an amendment will usually be responsible for the costs of and arising from the amendment, but the Tribunal will have regard to any failure of a party to consent to an amendment in accordance with Rule 18.8.