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

The tribunal fixes oral hearing on 12 March after giving due notice. Patel Infra Ltd (respondent) does not appear and shows no sufficient cause. Its counsel earlier said the tribunal must adjourn until the respondent attends. The parties have not agreed otherwise. Which statement is correct?

The tribunal may continue the proceedings and make the award on the evidence before it. Section 25(c) allows this when a party fails without sufficient cause to appear at an oral hearing or produce documents. It is a discretion, not an automatic admission of the claim, and adjournments are discouraged.

  1. AThe tribunal must adjourn the hearing, as an award cannot be made in a party's absence
  2. BThe tribunal must treat the claimant's claim as admitted in full and award it
  3. CThe tribunal may continue the proceedings and make the award on the evidence before itCorrect
  4. DThe tribunal must terminate the proceedings

Explanation

Section 25(c) provides that where a party fails to appear at an oral hearing or to produce documentary evidence without sufficient cause, the tribunal may continue the proceedings and make the award on the evidence before it. This is discretionary, and it does not mean the claim is automatically admitted. Section 24(1) second proviso also discourages adjournments without sufficient cause.

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