Page 1179 - IOM Law Society Rules Book

PART 13: SPECIAL TYPES OF CLAIM

(a) stating that the applicant has a claim against the claimant arising out of the
occurrence; and
(b) setting out grounds for contending that the claimant is not entitled to the
decree, either in the amount of limitation or at all.

(17) The claimant may constitute a limitation fund by making a payment into
court.
(18) A limitation fund may be established before or after a limitation claim has
been started.
(19) If a limitation claim is not commenced within 75 days after the date the fund
was established —
(a) the fund will lapse; and
(b) all money in court (including interest) will be repaid to the person who made
the payment into court.
(20) Money paid into court under paragraph (17) will not be paid out except under
an order of the court.

13.47 Stay of proceedings (61.12)
Where the court orders a stay of any claim in rem —
(a) any property under arrest in the claim remains under arrest; and
(b) any security representing the property remains in force,
unless the court orders otherwise.

13.48 Assessors (61.13)
The court may sit with assessors when hearing —
(a) collision claims; or
(b) other claims involving issues of navigation or seamanship;
the parties shall not be permitted to call expert witnesses unless the court orders otherwise.

CHAPTER 6: ARBITRATION CLAIMS

13.49 Interpretation (62.11)
(1) In this Chapter —
‘the 1976 Act’ means the Arbitration Act 1976;
‘arbitration claim’ means an application to the court under the 1976 Act.
(2) This Chapter does not apply to a claim on an arbitration award.

13.50 Starting the claim (62.13)
(1) An arbitration claim must be started —
(a) if made in existing proceedings, by an application notice;
(b) otherwise, by the issue of a claim form.
(2) The claim, unless made in existing proceedings, shall be allocated to the
chancery procedure.

13.51 Time limits and other special provisions about arbitration claims (62.15)
(1) An arbitration claim —
(a) to remit an award under section 23 of the 1976 Act; or
(b) to set aside an award under section 24(2) of the 1976 Act or otherwise;

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