- The submission of the Contractor's original claim for "Delay and Disruption to Concrete Aggregate Production and Concrete Mix Designs" in July 2012, with very little particulars and only an estimated cost amount put forth for its disruption claim;
- The initiation of the Referral 11 DAB proceedings by the Contractor in September 2013, in which the Contractor did not include details of its claim for disruption but instead stated that these would be made in " separate submissions" (which were never in fact made in the Referral 11 proceedings) and in which the Contractor claimed a delay of 265 days ending on 18 August 2011;
- The subsequent submissions made by the Contractor in respect of its claims for disruption of the Works in December 2013, March 2014 and August 2014 (none of which were complete, according to the Respondent);
- The hearings and DAB Decision on Referral 11 in late 2014, followed by both Parties' filing of Notices of Dissatisfaction and Requests for Arbitration in relation to Referral 11;
- The initiation of DAB Referral 12 proceedings by the Respondent in March 2015, in which the Respondent sought further substantiation of the Contractor's disruption claims that had been made in its previous correspondence, and which the Contractor argued were premature due to the fact that its Disruption Claim 78 was not yet finalized;
- The submission of the Contractor's Claim 78 (for delay, disruption and acceleration of the Works) in July 2015 and the subsequent Determination on Claim 78 made by the Employer's Representative in March 2016;
- The initiation of arbitration proceedings by the Claimants in relation to Claim 78 in December 2016, despite this claim not yet having been referred to the DAB.
"After the Terms of Reference have been signed or approved by the Court, no party shall make new claims which fall outside the limits of the Terms of Reference unless it has been authorized to do so by the arbitral tribunal, which shall consider the nature of such new claims, the stage of the arbitration and other relevant circumstances."
(i) dismisses the Claimants' Application to admit "Tranche 2" into this arbitration;
(ii) declares that the costs related to this Procedural Order will be dealt with at a later stage, together with its overall decision on costs.
The decision contained in this Order is the decision of the Arbitral Tribunal although the Order is executed by the President (Section 51 of the Specific Procedural Rules).
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