Arbitration and Conciliation Act, 1996 — back to Table of Contents
Section 25. Default of a party
Unless otherwise agreed by the parties, where, without showing sufficient cause,—
- (a) the claimant fails to communicate his statement of claim in accordance with sub-section (1) of section 23, the arbitral tribunal shall terminate the proceedings;
- (b) the respondent fails to communicate his statement of defence in accordance with sub-section (1) of section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant and shall have the discretion to treat the right of the respondent to file such statement of defence as having been forfeited;
- (c) a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it.
Note: Clause (b) was substituted by the Arbitration and Conciliation (Amendment) Act, 2015 to make clear that the tribunal has discretion to treat the right to file a statement of defence as forfeited.
