| Abstrakt: |
The withdrawal of claim is not explicitly dealt with in most arbitral rules. As a consequence, it can be unclear whether a withdrawal is without prejudice or with prejudice (i.e. a ‘waiver’ of the claims). Also, it is questionable whether, in case of a withdrawal with prejudice, the respondent is entitled to object to a withdrawal. Finally, there may be doubt whether a cost decision has to be taken and who decides on the allocation of the costs when a claim is withdrawn. This article concludes that – unless the claimant clarifies that its withdrawal is one with prejudice – the withdrawal is only without prejudice. The respondent may object to such withdrawal. From the moment when the respondent has received the detailed request for arbitration or the statement of claim, even the respondent’s consent is required. Regarding a withdrawal with prejudice, no consent of the respondent is needed. Finally, although any effective withdrawal of a claim terminates the arbitration proceedings with immediate effect, the arbitral tribunal remains competent to decide on the allocation of the costs of the proceedings. |
