Part I Commentary on the ICDR International Rules, 26 Article 26—Default
Martin F Gusy, James M Hosking
Martin F. Gusy, James M. Hosking
- Parties to the dispute (and jurisdiction) — Arbitrators
This chapter focuses on Article 26 of the ICDR Rules. Article 26 addresses the situation in which one party to a proceeding ‘defaults’, whether by failing to file a timely Answer, appear at a hearing, produce evidence, or otherwise contravene an order of the tribunal. Unsurprisingly, such a default occurs only where the errant party has been duly notified of the steps required and, in some cases, where the party fails to show sufficient cause to excuse its failure. In such circumstances, the tribunal may choose to proceed with the arbitration regardless of such failure. In contrast to litigation in many jurisdictions, this approach is preferred to issuing any sort of ‘summary judgment’ or ‘default judgment’. In other words, the claimant must still make out his or her case and the arbitrators must still review the legal and evidential record before making a final determination.