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← Arbitration Act 2001

Arbitration Act 2001 s 29

s 29 Powers of arbitral tribunal in case of party’s default

29.—(1) The parties may agree on the powers which may be exercised by the arbitral tribunal in the case of a party’s failure to take any necessary action for the proper and expeditious conduct of the proceedings. (2) Unless otherwise agreed by the parties, if, without showing sufficient cause —(a) the claimant fails to communicate the claimant’s statement of claim in accordance with section 24, the arbitral tribunal may terminate the proceedings; (b) the respondent fails to communicate the respondent’s statement of defence in accordance with section 24, the arbitral tribunal may continue the proceedings without treating the failure in itself as an admission of the claimant’s allegations; and (c) any party 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. (3) If the arbitral tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing the claimant’s claim, and the delay —(a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have a fair resolution of the issues in that claim; or (b) has caused, or is likely to cause, serious prejudice to the respondent, the tribunal may make an award dismissing the claim.

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Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. Read the official text ↗

Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.

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