The Non-Responsive Respondent: Taking an Arbitration Forward and How - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View The Non-Responsive Respondent: Taking an Arbitration Forward and How by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management The Non-Responsive Respondent: Taking an Arbitration Forward and How 85 1

Non-participation of the respondent in international arbitration does not create an automatic right for the claimant to seek default judgment. Instead, the arbitration process should be followed. For the participating party and the tribunal, continuing a proceeding with an absent party can be a challenging undertaking. To establish an enforceable award, arbitrators must ensure that the absent party is afforded its procedural rights and be given an opportunity to be heard. However, the tribunal must balance this right with its duty to ensure a fair and efficient resolution to the dispute. This paper explores best practice guidelines for dealing with situations where an arbitral tribunal is faced with a non-responsive respondent.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management