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Section 1048

Default of a party

(1) Where the claimant fails to submit their statement of claim in accordance with section 1046 (1), the arbitral tribunal will terminate the proceedings.

(2) Where the respondent fails to submit a statement of defence in accordance with section 1046 (1), the arbitral tribunal will continue the proceedings without treating such failure to comply with procedural rules, in and of itself, as an acknowledgment of the claimant’s allegations.

(3) Where a party fails to make an appearance at a hearing for oral argument, or if it fails to produce documentary evidence within a time-limit that has been set, the arbitral tribunal may continue the proceedings and may make the award based on the insights gained thus far

(4) Where the arbitral tribunal is satisfied that a party has provided sufficient cause excusing their default, such default will not be taken into account. In all other cases, the parties may agree otherwise as concerns the consequences of default.

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