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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: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Subject(s):
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...
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