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Claim is Not Arbitral after Submitting No Claim

• Timing and Effect of No Claim Submission Signing a No Claim Certificate after arbitration proceedings have started does not bar arbitration or the arbitral tribunal's jurisdiction, as the certificate's signing occurs subsequent to the initiation of arbitration, and therefore does not affect the proceedings (e.g., 2023 0 Supreme(Raj) 11). The clause stipulating that signing a No Claim Certificate bars future claims is applicable only if signed before or during the arbitration process, not after its commencement.

• Arbitral Tribunal's Jurisdiction and Claims The tribunal's authority is primarily determined by the arbitration agreement and the scope of claims submitted. Claims not raised or amended during arbitration, or claims made after the proceedings have commenced, may be deemed non-arbitral if they fall outside the scope of the original or amended claims, or if procedural rules require timely submission (2023 0 Supreme(Mad) 2221, 2023 0 Supreme(Mad) 3414). The tribunal cannot consider claims that were not properly raised or are barred by contractual clauses.

• Procedural and Jurisdictional Considerations Courts and tribunals generally uphold that once arbitration proceedings are initiated, late claims or claims submitted after the relevant procedural deadlines are typically not arbitrable, unless expressly permitted by the arbitration agreement or applicable law (2022 0 Supreme(Gau) 879). Furthermore, the scope of the tribunal's jurisdiction is confined to claims within the scope of the arbitration agreement and procedural compliance.

• Effect of Claim Submission and Conduct The submission or non-submission of claims, and conduct such as signing a No Claim Certificate, influence the arbitrability of subsequent claims. However, courts have held that signing such certificates after arbitration has commenced does not automatically preclude claims unless explicitly stipulated (2023 0 Supreme(Raj) 11). Also, failure to amend claims or raise new claims during arbitration limits their arbitral admissibility.

• Jurisdiction and Sovereign Immunity In cases involving sovereign states, submitting to jurisdiction or arbitration waives immunity only under specific conditions, and objections based on the timing of claim submission are generally considered admissible if they target the claim itself rather than the tribunal's jurisdiction (2023 Supreme(HK)(HKCFA) 32).

Analysis and Conclusion

The main insight is that a claim is generally considered non-arbitral if it is not properly raised or amended during arbitration proceedings, or if contractual clauses (such as No Claim Certificates signed after proceedings start) explicitly restrict claims. The timing of claim submission, procedural compliance, and contractual provisions are critical in determining arbitral admissibility. Courts and tribunals tend to uphold jurisdiction over claims within the scope of the arbitration agreement and properly submitted, while dismissing claims made after the procedural deadlines or outside the scope of the arbitration.

References:-

TOTAL IFM SDN BHD vs NEFIN SOLAR ASSET SDN BHD - 2025 MarsdenLR 5008