Commentary on Sections Schedule 1 – Scottish Arbitration Rules Rule 38 – Failure to attend hearing or provide evidence Default
168.Rule 38 is a default rule. In the absence of agreement to the contrary, if a party fails to attend a hearing (on reasonable notice) or produce any document or other evidence as requested by the tribunal and there is no good reason for not doing so, the tribunal can proceed and make an award based on the information it has.