Section 26 of Arbitration Act CAP 49: Default of a party
Unless otherwise agreed by the parties, if, without showing sufficient cause—
(a) the claimant fails to communicate his statement of claim in accordance with section 24(1), the arbitral tribunal shall terminate the arbitral proceedings;
(b) the respondent fails to communicate his statement of defence in accordance with section 24(1), the arbitral tribunal shall continue the proceedings without treating such failure in itself as an admission of the claimant’s allegations;
(c) a party which fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it;
(d) the claimant fails to prosecute his claim, the arbitral tribunal may make an award dismissing the claim or give directions, with or without conditions, for the speedy determination of the claim;
(e) a party fails to comply with any order or direction of the tribunal, the tribunal may make a peremptory order to the same effect, prescribing a time for compliance with the order;
(f) a party fails to comply with a peremptory order of the tribunal to provide security for costs, the tribunal may make an award dismissing his claim;
(g) a party fails to comply with any other peremptory order, the tribunal may—
(i) direct that the party in default shall not be entitled to rely on any allegation or material that was the subject-matter of the order;
(ii) draw such adverse inferences from the noncompliance as the circumstances justify;
(iii) proceed to an award on the basis of such materials as have been properly provided to it;
(iv) make such order as it thinks fit as to the payment of costs of the arbitration incurred as a result of the noncompliance.
Enhance Your Research with Bookmarks and Annotations
Here's how you can use these features:
- To bookmark this page, click the "Bookmark this Page" button below the document title.
- To add an annotation, highlight text in the document and select "Add Annotation" from the toolbar that appears.
- These features are great for organizing your research and keeping track of key information.
- You can view and manage your bookmarks and annotations on your Bookmarks and Annotations page.
- Section 27 - Experts
(1) Unless otherwise agreed by the parties, the arbitral tribunal may—
(a) appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; and
(b) require a...
- Section 28 - Court assistance in taking evidence
The arbitral tribunal, or a party with the approval of the arbitral tribunal, may request from the High Court assistance in taking evidence, and the High Court may execute the request within its...
- Section 29 - Rules applicable to substance of dispute
(1) The arbitral tribunal shall decide the dispute in accordance with the rules oflaw chosen by the parties as applicable to the substance of the dispute.
(2) The choice of the law or legal system of...
- Section 30 - Decision making by panel of arbitrators
(1) Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its...
- Section 31 - Settlement
(1) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if requested by the parties and not objected to by the arbitral...
- Section 32 - Form and contents of arbitral award
(1) An arbitral award shall be made in writing and shall be signed by the arbitrator or the arbitrators.
(2) For the purposes of subsection (1), in arbitral proceedings with more than one arbitrator,...
- Section 32A - Effect of award
Except as otherwise agreed by the parties, an arbitral award is final and binding upon the parties to it, and no recourse is available against the award otherwise than in the manner provided by this...
- Section 32B - Costs and expenses
(1) Unless otherwise agreed by the parties, the costs and expenses of an arbitration, being the legal and other expenses of the parties, the fees and expenses of the arbitral tribunal and any other...
- Section 32C - Interest
Unless otherwise agreed by the parties, to the extent that the rules of law applicable to the substance of the dispute permit, an arbitral award may include provision for the payment of simple or...
- Section 33 - Termination of arbitral proceedings
(1) The arbitral proceedings shall be terminated by the final arbitral award orby an order of the arbitral tribunal under subsection (2).
(2) The arbitral tribunal shall issue an order for the...
- Section 34 - Correction and interpretation of arbitral award; additional award
(1) Within 30 days after receipt of the arbitral award, unless a different period of time has been agreed upon by the parties—
(a) a party may, upon notice in writing to the other party, request the...
- Section 35 - Application for setting aside arbitral award
(1) Recourse to the High Court against an arbitral award may be made only by an application for setting aside the award under subsections (2) and (3).
(2) An arbitral award may be set aside by the...
- Section 36 - Recognition and enforcement of awards
(1) A domestic arbitral award, shall be recognized as binding and, upon application in writing to the High Court, shall be enforced subject to this section and section 37.
(2) An international...
- Section 37 - Grounds for refusal of recognition or enforcement
(1) The recognition or enforcement of an arbitral award, irrespective of the state in which it was made, may be refused only—
(a) at the request of the party against whom it is invoked, if that party...
- Section 38 - Bankruptcy
(1) Where it is provided by a term in a contract to which a bankrupt is a party that any differences arising out of or in connection with the contract shall be referred to arbitration, then if the...
- Section 39 - Questions of law arising in domestic arbitration
(1) Where in the case of a domestic arbitration, the parties have agreed that—
(a) an application by any party may be made to a court to determine any question of law arising in the course of the...
- Section 40 - Rules
The Chief Justice may make rules of Court for—
(a) the recognition and enforcement of arbitral awards and all proceedings consequent thereon or incidental thereto;
(b) the filing of applications for...
- Section 41 - Government to be bound
This Act shall bind the Government.
- Section 42 - Repeal of Cap. 49 and saving
(1) The Arbitration Act (Cap. 49) is repealed.
(2) The repeal of the Arbitration Act (Cap. 49) shall not affect any arbitral proceedings commenced before the coming into operation of this...