CHAPTER IV PROCEEDINGS BEFORE THE ARBITRAL TRIBUNAL
as an admission of the claimant’s allegations. The provisions of this Article also apply to the claimant’s failure to submit a defence to a counterclaim or set-off claim raised by the respondent. 39.3 If any party fails to appear at a hearing without good cause, the arbitral tribunal may proceed with the hearing. 39.4 If any party otherwise fails to avail itself of the opportunity to present its case, the arbitral tribunal may proceed with the arbitration and make an award based on the submissions and evidence before it. 39.5 If a party, without good cause, fails to comply with any provision of the Rules or any order or direction issued by the arbitral tribunal, the tribunal may draw such inferences from the party’s non-compliance as it considers appropriate.
A party shall without undue delay object to any failure to comply with any provision of the Rules, the arbitration agreement, or any order or direction issued by the arbitral tribunal. Failure by a party to raise an objection accordingly shall constitute a waiver of the right to make such objection, unless the party can show that, under the circumstances, its failure to object was justified.
CLOSING OF PROCEEDINGS
41.1 As soon as possible after the last hearing date, or the date on which the arbitral tribunal received the parties’ last authorised written submissions, the tribunal shall:
declare the proceedings closed with respect to the matters to be decided in the award; and
inform the parties and the Institute of the date by which it expects to issue the final award.