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IN THE ARBITRATION BETWEEN

B CLAIMANT
AND
A RESPONDENT

STATEMENT OF CLAIM

THE CLAIMANT B (CLIENT) ENTERED UPON AN AGREEMENT WITH A


(SUPPLIER) THAT,

• A, B enter upon an agreement to sell and purchase 30,000 (Thirty thousand)


pieces of N95 masks and gloves.
• Under the Agreement, A is supposed to export the masks and gloves to B who is
in Singapore.
• A exported the material but B, upon finding the goods to be of a much inferior
quality than that was shown to Bs representatives.
• As per the arbitration clause in the contract, the place of Arbitration was supposed
to be either India or Singapore. Accordingly, B initiates Arbitration in Singapore,
but due to the lockdown, A is unable to attend.
• A also defends that the goods were packed and sealed in the presence of Bs
representative and that A has neither sent proof of damage nor made the
payments.
• These superior quality masks were sold by A to B at the rate of Rs. 400 per
combo pack of Mask and Gloves. But B has filed a claim for fresh consignment
alleging that the quality of the product is much inferior.

• The parties are in dispute in respect of the terms and conditions of their agreement
and as alleged by B that A violated the agreement. As a consequence of which
both the parties have referred this dispute for arbitration for Singapore Arbitration
Centre
• Despite numerous requests by claimant the Respondent failed to comply with his
requests for compensation and alternatively he also refused to deliver a fresh
consignment of N95 Masks and gloves.
• Accordingly, Claimant, as a result of Respondent's conduct, has suffered damaged
in the amount of ₹1,50,000.00.

WHEREFORE CLAIMANT CLAIMS FROM RESPONDENT

1. Claimant requested compensatory damages in the amount of ₹150,000.00, lost


income to his business, punitive damages, interest, attorneys’ fees, costs of this
suit, and any other relief that is just, fair and equitable.
2. Claimant also wants a fresh consignment of N95 masks & gloves as the current
consignment was not up-to the quality as it was agreed upon.

DATED at Singapore Arbitration Centre on this the 1st day of Nov, 2010.

Claimant Law Firm, Singapore,


2nd cross, Shenton way
Claimants Attorneys
To,
Singapore Arbitration Centre,
The Arbitrator
And to,
Respondent Law Firm,
1st cross, 6th main, Ind
Respondents Attorneys
IN THE ARBITRATION BETWEEN

B CLAIMANT
AND
A RESPONDENT

STATEMENT OF DEFENCE

THE CLAIMANT B (CLIENT) ENTERED UPON AN AGREEMENT WITH


RESPONDENT A (SUPPLIER) THAT,

• A, B enter upon an agreement to sell and purchase 30,000 (Thirty thousand)


pieces of N95 masks and gloves.
• Under the Agreement, A is supposed to export the masks and gloves to B who is
in Singapore.
• A exported the material but B, upon finding the goods to be of a much inferior
quality than that was shown to Bs representatives.
• As per the arbitration clause in the contract, the place of Arbitration was supposed
to be either India or Singapore. Accordingly, B initiates Arbitration in Singapore,
but due to the lockdown, A is unable to attend.
• A also defends that the goods were packed and sealed in the presence of Bs
representative and that A has neither sent proof of damage nor made the
payments.
• These superior quality masks were sold by A to B at the rate of Rs. 400 per
combo pack of Mask and Gloves. But B has filed a claim for fresh consignment
alleging that the quality of the product is much inferior.
• The parties are in dispute in respect of the terms and conditions of their agreement
and as alleged by B that A violated the agreement. As a consequence of which
both the parties have referred this dispute for arbitration for Singapore Arbitration
Centre
• Despite numerous requests by claimant the Respondent failed to comply with his
requests for compensation and alternatively he also refused to deliver a fresh
consignment of N95 Masks and gloves.
• Accordingly, Claimant alleges that as a result of Respondent's conduct, he has
suffered damaged in the amount of ₹1,50,000.00.

WHEREFORE RESPONDENT REJECTS CLAIMS MADE BY CLAIMANT


3. The claims made by B are un-just and fabricated.
4. Secondly, B’s representative was present while the goods were being packed.
They could’ve made an objection right there before Shipping.
5. A won’t be compensating B for any monetary losses in his business nor any
punitive damages, interest, attorneys’ fees, costs of this suit, and any other relief
that B wants to claim
6. A also won’t be liable to deliver a fresh consignment of the said N95 masks and
gloves to B
7. Respondent requested dismissal of the Statement of Claim in its entirety, that the
cost of this proceeding, including attorneys’ fees, be assessed against Claimant.
DATED at Singapore Arbitration Centre on this the 11th day of Nov 2010.
Respondent Law Firm,
1st cross, 6th main, Ind
Respondents Attorneys
To,
Singapore Arbitration Centre,
The Arbitrator
And to,
Claimant Law Firm, Singapore,
2nd cross, Shenton way
Claimants Attorneys
Award
Dispute Resolution

In the Matter of the Arbitration Between:

B (Claimant) vs. A (Respondent)

Case Number: 10-99999 Hearing Site: Singapore

Nature of the Dispute: Client vs. Supplier

Claimant B, hereinafter referred to as “Claimant”: Attorney Claimant, Swaroop,


Claimant Law Firm, Singapore

Respondent A, hereinafter referred to as “Respondent”: Attorney Respondent,


Priyanka, Respondent Law Firm, Ind

CASE INFORMATION

Statement of Claim filed on or about: November 1, 2010.


Claimant signed the Submission Agreement: November 1, 2010.

Statement of Answer filed on or about: Nov 11, 2010. Respondent


signed the Submission Agreement: Nov 11, 2010.

CASE SUMMARY

Claimant asserted the following causes of action: violation of their agreement by providing
goods of sub-standard quality, suitability, breach of fiduciary duty, and negligent failure to
supervise.

Unless specifically admitted in its Answer, Respondent denied the allegations made in
the Statement of Claim and asserted various affirmative defenses.

RELIEF REQUESTED

In the Statement of Claim, Claimant requested compensatory damages in the amount of


₹150,000.00, lost income to his business, punitive damages, interest, attorneys’ fees, costs
of this suit, and any other relief that is just, fair and equitable.

Respondent requested dismissal of the Statement of Claim in its entirety, that the cost of
this proceeding, including attorneys’ fees, be assessed against Claimant.

OTHER ISSUES CONSIDERED AND DECIDED

The Panel acknowledges that they have each read the pleadings and other materials filed
by the parties.
The parties have agreed that the Award in this matter may be executed in counterpart
copies or that a handwritten, signed Award may be entered.

AWARD

After considering the pleadings, the testimony and evidence presented at the hearing, the
Panel has decided in full and final resolution of the issues submitted for determination as
follows:

1. Respondent is not liable nor shall pay any compensatory damages to the Claimant.

2. Respondent is also not liable to deliver a fresh consignment of N95 masks and gloves to the
Claimant.

3. Any and all relief not specifically addressed herein, including punitive damages, is
denied.

FEES

Pursuant to the Code, the following fees are assessed:

Filing Fees
Dispute Resolution assessed a filing fee* for each claim:
Initial claim filing fee = ₹1,425.00

*The filing fee is made up of a non-refundable and a refundable portion.

Adjournment Fees
Adjournments granted during these proceedings for which fees were assessed:

Nov, 2011 adjournment by Claimant WAIVED

Hearing Session Fees and Assessments


The Panel has assessed forum fees for each session conducted. A session is any meeting
between the parties and the arbitrators, including a pre-hearing conference with the
arbitrators that lasts four (4) hours or less. Fees associated with these proceedings are:
2 sessions
Total Hearing Session Fees = ₹9,450.00

1. The Panel has assessed ₹4,725.00 of the hearing session fees to Claimant.
2. The Panel has assessed ₹4,725.00 of the hearing session fees to Respondent.

All balances are payable to Dispute Resolution and are due upon receipt.
ARBITRATION PANEL

Arbitrator Raunak - Public Arbitrator, Chairperson


Arbitrator Rutvi - Public Arbitrator
Arbitrator Anudeep - Non-Public Arbitrator

Arbitrators’ Signatures

Arbitrator Raunak Signature Date


Public Arbitrator

Arbitrator Rutvi Signature Date


Public Arbitrator
Arbitrator Anudeep Signature Date
Non-Public Arbitrator

Date of Service (For Dispute Resolution use only)


MINTUES
 In brief the arbitrators explained the process of arbitration to both the
parties and explained that the decision of arbitrators would be binding.
 Questions from arbitrators to parties regarding filing and receiving of
SoC
 Presentation of facts from party B and their prayer/request for award,
wherein party B requested a compensation of ₹ 1,50,000 for the losses
incurred in his business and additionally requested for a fresh
consignment of N95 masks and gloved from B.
 Presentation of facts from party A and their prayer/request for dismissal
of Statement of claim in its entirety and refused to pay any kind of
compensation nor their litigation charges.
 The matter is settled after a formal arbitration. Both parties reserve the
right to further develop its argument and the amount of relief its seeking
and it can pursue it further in appropriate courts.
 Final award by the arbitrators panel was;
 NO compensation for B
 A is not liable to compensate for B
 A is not liable to deliver a fresh consignment of the N95 masks and
gloves
 Any and all other relief not specifically addressed herein including
punitive damages is denied.

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