The Non-Participation of Parties and Default Proceedings in Swiss International Commercial Arbitration
with a Comparative Perspective
Romana Weinöhrl-Brüggemann
Arbitration is a consensual means of dispute resolution. What does this mean for proceedings in which a party defaults? Many arbitration laws, including Swiss international lex arbitri, do not provide answers to the many questions that can arise in this context. This study is a comprehensive analysis of the various issues resulting from the default of a party in international commercial arbitration proceedings, studying aspects such as the implications on the proceedings, the consequences of default in particular steps of the proceedings, and the possibilities of recourse against or the methods of preventing the recognition and enforcement of awards rendered in default proceedings. For each aspect, the author first examines solutions found in various arbitration laws, before drawing conclusions for Swiss international arbitrations.
