Article 41. Failure to produce documents or nonappearance of a party
On international commercial arbitration (ZRU-674-son) · Date: 16.02.2021 · In force
Unless otherwise agreed by the parties, in cases where, without showing valid cause:
1) the plaintiff fails to present his/her arbitration request in accordance with part 1 of Article 39 of the present Law, the arbitral court shall terminate the proceedings;
2) the defendant fails to communicate his/her statement of defense in accordance with part 1 of Article 39 of the present Law, the arbitral court shall continue the proceedings without treating such failure to communicate in itself as an admission of the plaintiff's allegations;
3) any party fails to appear at the hearing or fails to present documentary evidence, the arbitral court shall be entitled to continue the proceedings and make an award on the basis of the evidence before it.
