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Part V Default and Waiver, Ch.19 Default

David D. Caron, Lee M. Caplan, Matti Pellonpää

From: The UNCITRAL Arbitration Rules: A Commentary (1st Edition)

David D. Caron, Matti Pellonpää, Lee M. Caplan

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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 19 June 2024

There are few more disruptive forces in arbitration than a party's unwillingness to engage in the proceedings. 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 28, the subject of this Chapter, authorizes the arbitral tribunal to advance its work in the face of a party's default on its obligation to participate in the arbitration.

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