Default in international arbitration


a) Claimant’s failure to appear
If a claimant fails to appear at a hearing absent good cause shown after he has been notified in writing by the arbitral tribunal or leaves the arbitration room without the permission of the arbitral tribunal during an on-going hearing, his request for arbitration will be deemed to have been withdrawn. The claimant’s failure to appear or the deemed withdrawal of his request for arbitration shall be without prejudice to the arbitration proceedings and the arbitral tribunal will proceed with the hearing of the counterclaim, if any, and render a default award thereon, or decide to dismiss the case in the absence of a counterclaim.
b) Respondent’s failure to appear
If a respondent fails to appear at a hearing absent good cause shown after he has been notified in writing by the arbitral tribunal or leaves the arbitration room without the permission of the arbitral tribunal during an on-going hearing, his counterclaim, if any, will be deemed to have been withdrawn. The respondent’s to appear or the deemed withdrawal of his counterclaim shall be without prejudice to the arbitration proceedings and the arbitral tribunal will proceed with the hearing of the claims of the claimant and render a default award thereon.

Practising lawyers

Robert Zhang

An international arbitration lawyer registered in Shanghai, China. Master's degr…

Steve Li

An international arbitration lawyer registered in Shanghai, China. Master's degr…

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China International Arbitration Lawyers, membered by international lawyers and arbitrators experienced in international arbitration and litigation practising in Shanghai, authors of tens of published works.
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