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Part V Default and Waiver, Ch.20 Waiver

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

A newer edition of The UNCITRAL Arbitration Rules is available. Latest edition (2 ed.)
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From: Investment Claims (http://oxia.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved. date: 23 July 2024

The UNCITRAL Rules secure the parties a host of procedural rights ranging from the right to file submissions and comments, to the right to a hearing, to the right to challenge an arbitrator. At times, the arbitral proceedings may deviate from the procedural track laid down by the UNCITRAL Rules. Such deviations may occur unintentionally when the arbitral tribunal misses a step in procedure, or intentionally when the parties choose to modify the Rules informally (without a written agreement) during the proceedings to suit their immediate needs. Any procedural rights that may be violated by these deviations are deemed to be waived by a party if the requirements of Article 30, the subject of this chapter, are met, i.e., if the party knows of the procedural deviation but proceeds with the arbitration without promptly raising an objection.

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