Default procedures

Default procedures address non-participation or procedural inactivity. A court or arbitral tribunal may continue despite a party’s absence, decide on the available record, set final deadlines, or dismiss claims if required advances are not paid. In Swiss-centered practice, default does not normally mean automatic victory; the decision-maker still considers jurisdiction, admissibility, proof, and due process. Proper service and a fair opportunity to be heard are crucial, especially for later enforcement abroad. In arbitration, default rules are often found in the chosen institutional rules and the law of the seat.