What Are the Arbitral Tribunal's Powers in Default Proceedings?

Abstract

When the claimant serves on the defendant a notice in connection with the initiation of arbitral proceedings pursuant to an arbitration agreement, there is a legitimate expectation that both parties will actively participate in those proceedings and forcefully argue against one another in order to persuade the arbitral tribunal of the merits of the case in question. This expectation is generally met. However, there are cases in which the respondent decides not to take part in the proceedings, with the result that the arbitral tribunal is left with no option but to proceed on an ex parte basis. These types of cases have received relatively scant attention within the international arbitration literature. Nonetheless, the problem of default proceedings remains a matter of practical importance. This article is intended to fill this gap. It provides a practical insight into the arbitral tribunal’s powers in these kinds of proceedings (whether ad hoc or institutional), particularly, in the context of an international arbitration seated in London