23BDefault by party to an arbitration agreement

#### 23B Default by party to an arbitration agreement (1) This section applies if a party to arbitral proceedings commenced in reliance on an arbitration agreement: (a) refuses or fails to attend before an arbitral tribunal for examination when required to do so under a subpoena issued under subsection 23(3) (regardless of whether an application is made for an order under subsection 23A(3)); or (b) refuses or fails to produce a document to an arbitral tribunal when required to do so under a subpoena issued under subsection 23(3) (regardless of whether an application is made for an order under subsection 23A(3)); or (c) refuses or fails to comply with an order made by a court under subsection 23A(3); or (d) fails within the time specified by an arbitral tribunal, or if no time is specified within a reasonable time, to comply with any other requirement made by the arbitral tribunal to assist it in the performance of its functions. (2) The arbitral tribunal may continue with the arbitration proceedings in default of appearance or of the other act and make an award on the evidence before it. (3) Nothing in this provision affects any other power which the arbitral tribunal or a court may have in relation to the refusal or failure.