Part V Default and Waiver, Ch.21 Default
David D. Caron, Lee M Caplan
David D Caron, Lee M Caplan
- 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...