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Arbitration and Conciliation Act, 1996

PART I Arbitration

CHAPTER V Conduct of Arbitral Proceedings

Section 25: Default of a party.

25. 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 1[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.

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Amendments:

1. Inserted by the Arbitration and Conciliation (Amendment) Act, 2015 (w.e.f 23.10.2015.)

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