Default of a Party

Unless otherwise agreed by the parties, if, without showing sufficient cause,

(a)the claimant fails to communicate his or her statement of claim in accordance with Section 42A506(a) , the arbitral tribunal shall terminate the proceedings;

(b)the respondent fails to communicate his or her statement of defense or the claimant has failed to communicate his or her statement of reply (where applicable) , in accordance with Section 42A506(a) , the arbitral tribunal may impose monetary sanctions on such party, and grant such party an extension of time to file a defense or reply. If such party remains in noncompliance with Section 42A506(a) after the COL412014 CH. 42A GUAM INTERNATIONAL ARBITRATION extension has expired, the tribunal may enter a default award in favor of the opposing party;

(c)any party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the proceedings and make the award on the evidence before it.