The matter proceeds further. The Arbitral Tribunal meets with the parties at the Preliminary Meeting on 29th September 2019 and releases its comprehensive Order for Directions following the meeting. The following situations arise subsequently in the proceedings, over which you are presiding: Required: Analyse each of the following situations, explain with reasons what the tribunal's position should be and what orders should be given in each instance. (a) Verbieste requests that it be allowed to amend its pleadings as under the pressure of a tight time-schedule that the tribunal had set down, it, Verbieste had left out a substantial header of claim against Eurobahn (b) Eurobahn requests that the hearing be postponed to a future date as its key witness has just been admitted to the hospital for a major surgery, and his recuperation will likely take up to 6 weeks after the surgery. ( L«s) (c) Eurobahn states without any admission of liability that parts of the release mechanism for the tractor units were supplied by their external supplier, Motoparts of Taiwan. Should they, Eurobahn, in the event be found liable (which they consider unlikely), they would want to pass some of those costs to Motoparts. Eurobahn requests that Motoparts be joined in these proceedings so as to have a clear decision on liability as well as saving of costs. (CLKS)
The matter proceeds further. The Arbitral Tribunal meets with the parties at the Preliminary Meeting on 29th September 2019 and releases its comprehensive Order for Directions following the meeting. The following situations arise subsequently in the proceedings, over which you are presiding: Required: Analyse each of the following situations, explain with reasons what the tribunal's position should be and what orders should be given in each instance. (a) Verbieste requests that it be allowed to amend its pleadings as under the pressure of a tight time-schedule that the tribunal had set down, it, Verbieste had left out a substantial header of claim against Eurobahn (b) Eurobahn requests that the hearing be postponed to a future date as its key witness has just been admitted to the hospital for a major surgery, and his recuperation will likely take up to 6 weeks after the surgery. ( L«s) (c) Eurobahn states without any admission of liability that parts of the release mechanism for the tractor units were supplied by their external supplier, Motoparts of Taiwan. Should they, Eurobahn, in the event be found liable (which they consider unlikely), they would want to pass some of those costs to Motoparts. Eurobahn requests that Motoparts be joined in these proceedings so as to have a clear decision on liability as well as saving of costs. (CLKS)
Chapter2: Loads On Structures
Section: Chapter Questions
Problem 1P
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Transcribed Image Text:The matter proceeds further. The Arbitral Tribunal meets with the parties at the Preliminary
Meeting on 29th September 2019 and releases its comprehensive Order for Directions following
the meeting.
The following situations arise subsequently in the proceedings, over which you are presiding:
Required:
Analyse each of the following situations, explain with reasons what the tribunal's
position should be and what orders should be given in each instance.
(a) Verbieste requests that it be allowed to amend its pleadings as under the
pressure of a tight time-schedule that the tribunal had set down, it,
Verbieste had left out a substantial header of claim against Eurobahn
(Б)
Eurobahn requests that the hearing be postponed to a future date as its key
witness has just been admitted to the hospital for a major surgery, and his
recuperation will likely take up to 6 weeks after the surgery. ( «s)
(c)
Eurobahn states without any admission of liability that parts of the release
mechanism for the tractor units were supplied by their external supplier,
Motoparts of Taiwan. Should they, Eurobahn, in the event be found liable
(which they consider unlikely), they would want to pass some of those costs
to Motoparts. Eurobahn requests that Motoparts be joined in these
proceedings so as to have a clear decision on liability as well as saving of
costs. (CL ks)
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