s.39Powers of arbitral tribunal in case of party's default
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Section 39Part 7 — ARBITRAL PROCEEDINGS

Powers of arbitral tribunal in case of party's default

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Parties may agree on the powers that may be exercised by the arbitral tribunal in the case of one party's failure to take any necessary action for the proper and expeditious conduct of the proceedings.
Unless otherwise agreed by the parties, if, without showing sufficient cause —
the claimant fails to provide his statement of claim in accordance with section 32, the arbitral tribunal may terminate the proceedings;
the respondent fails to provide his statement of defence in accordance with section 32, the arbitral tribunal may continue the proceedings without treating such failure in itself as an admission of the claimant's allegations; and
any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.
If the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim, and the delay —
gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or
has caused, or is likely to cause, serious prejudice to the respondent,
the tribunal may make an award dismissing the claim.

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