Assertion, supplement and amendment of claims and defenses in international commercial arbitration

Parties can apply international commercial arbitration instead of state courts for the resolution of disputes arising from their commercial transaction or relationship that has a foreign element. Arbitration proceedings are concluded within a certain period of time, based on claims and defenses that are asserted by parties. Therefore, it is significant that the arbitrator or arbitral tribunal complies with right to present one's case, which is closely related to the parties' right to legal remedies, right to a fair trial and right to be heard. Such that, according to international agreements and regulations under national law regarding international commercial arbitration, violation of right to present one's case is imposed sanction as a ground for annulment and refusal of enforcement for arbitral awards. In this regard, parties should be informed of the arbitration proceedings through duly notification, they should be able to assert their claims and defenses, submit evidence by being treated equally and within sufficient time, when necessary, they should be able to supplement or amend these claims and defenses, also, give their responses and express their opinions. Consequently, all these issues must be considered and evaluated impartially by the arbitrator or arbitral tribunal. In accordance with the principle of party autonomy and procedural flexibility of arbitration, which dominates the arbitration proceedings, the parties can agree on supplement and amendment of claims and defenses. Where there is a lack of mutual agreement by the parties, the arbitrator or arbitral tribunal has discretionary power on supplement and amendment of claims and defenses within the framework of the arbitration agreement.