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39(1)Where a party fails to comply with—S
(a)any direction made by the tribunal, or
(b)any obligation imposed by—
(i)the arbitration agreement,
(ii)these rules (in so far as they apply), or
(iii)any other agreement by the parties relating to conduct of the arbitration,
the tribunal may order the party to so comply.
(2)Where a party fails to comply with an order made under this rule, the tribunal may do any of the following—
(a)direct that the party is not entitled to rely on any allegation or material which was the subject-matter of the order,
(b)draw adverse inferences from the non-compliance,
(c)proceed with the arbitration and make its award,
(d)make such provisional award (including an award on expenses) as it considers appropriate in consequence of the non-compliance.
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Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
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