While there are no official statistics on respondent non-participation in international arbitration, institutional guidelines and anecdotal evidence suggest arbitrations without respondents are fairly common. As parties face higher risks of insolvency as well as trade and travel restrictions because of the pandemic, tribunals and claimants are increasingly likely to encounter issues related to a non-participating respondent in international arbitrations. The Chartered Institute of Arbitrators’ Guidelines on Party Non-Participation (the “CIArb Guidelines”) defines non-participation as when a party either does not take any steps in arbitration or initially participated but ceases to participate later in the process.
Originally published in the New York Law Journal - August 10, 2020.
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