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CS Professional · Arbitration, Mediation and Conciliation · Arbitral Proceedings, Pleadings and Evidence

Anita Exports Ltd is the claimant. It does not communicate its statement of claim within the period fixed under Section 23(1) and shows no sufficient cause. The parties have made no contrary agreement. What must the tribunal do?

The tribunal shall terminate the proceedings. Section 25(a) requires termination when the claimant fails, without showing sufficient cause, to communicate the statement of claim, unless the parties have agreed otherwise. Continuing ex parte applies to respondent default or non-appearance, not to a claimant that never files its claim.

  1. AProceed ex parte and decide on the available record
  2. BTerminate the proceedingsCorrect
  3. CTreat the respondent's counter-claim as admitted
  4. DAppoint a substitute claimant

Explanation

Section 25(a) provides that if the claimant fails without sufficient cause to communicate the statement of claim, the tribunal shall terminate the proceedings. Continuing ex parte is the consequence of a respondent's default or non-appearance, not of a claimant's failure to file its claim.

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