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24 Jun 2021

The "no show" absent respondents in international arbitration

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Arbitration is based on an agreement and is a consensual process. However, it is not uncommon for a claimant to face a respondent who absents itself from the arbitration for various reasons; a deliberate decision to refuse to participate in the arbitration for tactical reasons or where it ceases to exist. The former is by no means a new development, but with a global pandemic and increasing company insolvencies, we are likely to see more and more instances of respondents refusing to participate in arbitrations.

Bearing in mind that the aim of the claimant is to achieve an enforceable award, what practical steps can it take to protect its position when faced with this refusal, what are the relevant considerations for a tribunal, and what impact can this have on enforceability of an award?

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Peter Bennett

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