Article 25 of the Model Law, Arbitration Act [Chapter 7:15] provides the course an arbitrator can take where a party is in default as follows:“ARTICLE 25Default of a partyUnless otherwise agreed by the parties, if, without showing sufficient cause —(a) The claimant fails to communicate his statement of claim in ...
Article 25 of the Model Law, Arbitration Act [Chapter 7:15] provides the course an arbitrator can take where a party is in default as follows:
“ARTICLE 25
Default of a party
Unless otherwise agreed by the parties, if, without showing sufficient cause —
(a) The claimant fails to communicate his statement of claim in accordance with article 23(1), the arbitral tribunal shall terminate the proceedings;
(b) The respondent fails to communicate his statement of defence in accordance with article 23(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant's allegations;
(c) Any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it;
(d) The claimant fails to prosecute his claim, the arbitral tribunal may make an award dismissing the claim or give directions, with or without conditions, for the speedy determination of the claim.”…,.
Under (c) an arbitrator has a discretion to consider the evidence before him and to render a ruling notwithstanding that a party is in default....,.
Article 25(c) of the Model Law is resorted to where “a party fails to appear at a hearing or to produce documents.”...,.
Its akin to the procedure in terms of Rule 238 of the High Court Rules 1971 where the court can exercise its discretion to deal with the matter on the merits.
