Jump to Content Jump to Main Navigation

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

A newer edition of The UNCITRAL Arbitration Rules is available. Latest edition (2 ed.)
Next Edition: 2nd Edition Latest edition (2 ed.)

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

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.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.