Section 25 in The Arbitration And Conciliation Act, 1996
25. Default of a party.
- Unless otherwise agreed by the parties, where, without showing sufficient cause,(a)the claimant fails to communicate his statement of claim in accordance with sub-section (1) of section 23, the arbitral tribunal shall terminate the proceedings;(b)the respondent fails to communicate his statement of defence in accordance with sub-section (1) of section 23, the arbitral tribunal shall continue the proceedings without treating that failure in itself as an admission of the allegations by the claimant [and shall have the discretion to treat the right of the respondent to file such statement of defence as having been forfeited] [Inserted by Act No. 3 of 2016 dated 31.12.2015.];(c)a party fails to appear at an oral hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the arbitral award on the evidence before it.
