| Abstract: | The book Default in International Arbitration - Striking the balance contains contributions that form the basis of the presentations held at the CEPANI Colloquium which took place in Brussels on 25 November 2022. The various contributions focus on all aspects of default in international arbitration. When one of the parties, especially the respondent (or one of them), is not participating in the entire proceedings (or part thereof), navigating between the sharp cliffs of due process and equality of arms can be difficult for an Arbitral Tribunal. This is even more so when international public policy is at stake. There are no one-size-fits-all answers, especially when default is merely part of a ‘strategy’ or ‘tactic’ in anticipation of annulment proceedings or at the enforcement stage. Sure, Arbitral Tribunals have ex officio powers to investigate. In some circumstances there is even a duty to investigate. But, do arbitrators have the duty to uphold the integrity of arbitration? What is the real scope of ‘ficta confessio’ in international arbitration? How blind or naive should we allow an Arbitral Tribunal to be? To what extent is an Arbitral Tribunal allowed to be street-smart, i.e. not to become the devil’s advocate? These and many more pressing questions will be dealt with in this book on default in arbitration by its authors Niuscha Bassiri (Partner at Hanotiau & van den Berg, Brussels), Hakim Boularbah (Partner at Loyens & Loeff, Brussels), Ulrike Gantenberg (Partner at Gantenberg Dispute Experts, Düsseldorf), Anne K. Hoffmann (Partner at Hoffmann Arbitration, Dubai), Anaïs Mallien (Associate at Loyens & Loeff, Brussels), Christina Mangani (Supervising Associate at Simmons & Simmons, Paris), Lisa Reiser (Senior Associate at Baker McKenzie, Frankfurt), Catherine Schroeder (Partner at Schroeder Arbitration, Paris), Dirk De Meulemeester (Partner at De Meulemeester & De Brabandere, Brussels) and Benoît Kohl (President of CEPANI) |
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