Common use of Default by a Party Clause in Contracts

Default by a Party. 12.1 If the Claimant fails to attend any hearing of which due notice has been given, the Arbitrator may make an award on the substantive issues and an award as to costs, with or without a hearing. If the Respondent fails to submit a Statement of Defence or to attend any hearing after due notice has been given, the Arbitrator may conduct the hearing in the absence of the Respondent and make an award on the evidence.

Appears in 3 contracts

Sources: Articles of Agreement (Kowloon Canton Railway Corp), Contract (Kowloon Canton Railway Corp), Contract No. LCC 202 (Kowloon Canton Railway Corp)