Subject to the provisions of Article (30) of this Law, and unless otherwise agreed by the parties, the following shall be observed: 1. If the Claimant fails, without a valid excuse, to submit its statement of claim in accordance with provisions of this Law and the procedures that the parties agree to follow, the Arbitral Tribunal may decide to terminate the proceedings if it is convinced that there is undue and unjustified delay on the part of the Claimant while pursuing its claim and that such delay causes impossibility to reach a just solution or prejudice to the Respondent. 2. If the Respondent fails to submit its statement of defense, the Arbitral Tribunal shall be obliged to continue the arbitral proceedings, without considering such failure as an admission by the Respondent of the claim made by the Claimant. Such provision shall be applicable if the Claimant fails to submit its statement of defense in reply to a counterclaim. 3. If one of the parties fails, without a valid excuse, to appear at a hearing, to submit the required documents, or to observe any procedure, the Arbitral Tribunal may continue the arbitral proceedings, conclude what it deems appropriate in light of such party's acts and breach of obligations, as justified by the circumstances of the arbitral action, and issue an award on the dispute, based on available evidence.
Interpretation and application must be checked against the official text and current version.
