Arbitration Act · 2024 Revised Edition · Part · Arbitral Proceedings
29. Powers of arbitral tribunal in case of party’s default
Official textFrom Attorney General's Chambers, unchanged
The parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party’s failure to take any necessary action for the proper and expeditious conduct of the proceedings.
arbitral tribunal
“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
Unless otherwise agreed by the parties, if, without showing sufficient cause —
the claimant fails to communicate his statement of claim in accordance with section 24, the arbitral tribunal may terminate the proceedings;
the respondent fails to communicate his statement of defence in accordance with section 24, the arbitral tribunal may continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations; and
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any party fails to appear at a hearing or to produce any documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
If the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim, and the delay —
gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or
has caused, or is likely to cause, serious prejudice to the respondent, the tribunal may make an award dismissing the claim.
Terms defined in s 2
arbitral tribunal
Defined · s 2“arbitral tribunal” means a sole arbitrator, a panel of arbitrators or an arbitral institution;
award
Defined · s 2“award” means a decision of the arbitral tribunal on the substance of the dispute and includes any interim, interlocutory or partial award, but excludes any order or direction made under section 28;
party
Defined · s 2“party” means a party to an arbitration agreement or, in any case where an arbitration does not involve all of the parties to the arbitration agreement, means a party to the arbitration;
Part
Award
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Powers of Court in Relation to Award
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