Commentary

40 Powers of arbitral tribunal in case of party’s default

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

40 Powers of arbitral tribunal in case of party’s default

| Commentary

40 Powers of arbitral tribunal in case of party’s default

The parties are free to agree on the powers of the arbitral tribunal in the case of a party’s failure to do something necessary for the proper and expeditious conduct of the arbitration1, and unless agreed otherwise the tribunal has the power to2:

  1. 40.1

        make an award dismissing the claimant’s claim if satisfied that there has been an inordinate and excusable delay on the part of the claimant in pursuing its claim which:

    1. 40.1.1

          gives rise, or is likely to give rise, to a substantial risk that it is not

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