State the provisions of Section 25 in Arbitration and Conciliation Act, 1996 regarding default of a party.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2020
State the provisions of Section 25 in Arbitration and Conciliation Act, 1996 regarding default of a party.
Answer & Explanation:
Section 25 of Arbitration and Conciliation Act, 1996 provides that unless otherwise agreed by the parties, where, without showing sufficient cause,- 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; 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 allegation 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. a party fails to appear 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.
Topics: Arbitration and Conciliation Act, 1996
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