(1) A party is in default if it fails to appear or present its case or indicates that it will not appear or present its case.
(2) If a party is in default at any stage of the proceeding, the other party may request that the Tribunal address the questions submitted to it and render an Award.
, the Tribunal shall notify the defaulting party of the request and grant a grace period to cure the default, unless it is satisfied that the defaulting party does not intend to appear or present its case. The grace period shall not exceed 60 days without the consent of the other party.
relates to a failure to appear at a hearing, the Tribunal may:
a)
reschedule the hearing to a date within 60 days after the original date;
b)
proceed with the hearing in the absence of the defaulting party and fix a time limit for the defaulting party to file a written submission within 60 days after the hearing; or
c)
cancel the hearing and fix a time limit for the parties to file written submissions within 60 days after the original date of the hearing.
(5) If the default relates to a scheduled procedural step other than a hearing, the Tribunal may set the grace period to cure the default by fixing a new time limit for the defaulting party to complete that step within 60 days after the date of the notice of default referred to in
(6) If the defaulting party fails to act within the grace period or if no such period is granted, the Tribunal shall resume consideration of the dispute and render an Award. For this purpose:
a)
a party’s default shall not be deemed an admission of the assertions made by the other party;
b)
the Tribunal may invite the party that is not in default to make submissions and produce evidence; and
c)
the Tribunal shall examine its jurisdiction and competence and, if it is satisfied, decide whether the submissions made are well-founded.