Jump to Content Jump to Main Navigation

Part V Default and Waiver, Ch.21 Default

David D. Caron, Lee M Caplan

From: The UNCITRAL Arbitration Rules: A Commentary (2nd Edition)

David D Caron, Lee M Caplan

From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 14 July 2024

Settlement of disputes — UNCITRAL Arbitration Rules — Arbitral tribunals
There are few more disruptive forces in arbitration than a party's unwillingness to engage in the proceedings.1 Party recalcitrance can impose unexpected costs on the arbitral process by dragging out the proceedings unnecessarily or, in a worse-case scenario, by holding up the proceedings indefinitely. The UNCITRAL Rules would have little utility if they did not include a provision for combating this problem. Accordingly, Article 30 authorizes the arbitral tribunal to advance its work in the face of a party's default on its obligation to participate in the...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.