Failure to appear by a party which has been duly notified of the time and the place of the hearing shall not prevent the case from being examined and the award from being made, unless the default party has requested in writing to adjourn the proceedings for a valid reason, evidence thereof to be submitted to the court together with the request.
Either party may request the hearing of the case to be conducted in his absence.
Article 41. EXAMINATION OF THE CASE ON THE BASIS OF WRITTEN MATERIALS
The parties may agree upon examination of the dispute on the basis of written materials only, without holding any hearing. However, the arbitral tribunal may decide that an oral hearing be conducted if the materials presented prove insufficient for the resolution of the dispute on merits.
Article 42. ADJUSTMENT OF A DISPUTE BY WAY OF CONCLUSION OF AMICABLE SETTLEMENT
In any stage of the proceedings the arbitrators shall use all means at their disposal to adjust the dispute by way of amicable settlement.
If in the course of the arbitral proceedings the parties settle their dispute, the proceedings shall be terminated. At the parties' request the arbitral tribunal may record this settlement in the form of the arbitral award on agreed terms.
Article 43. ALTERATION OR ADDITION TO CLAIM OR DEFENCE
Before the hearing is completed either party may, without undue delay, alter or add to his claim or defence therein.
If the arbitral tribunal admits the delay caused by the party in alteration of or addition to his claim or defence as unjustified, it may charge that party with any additional costs of the Arbitration court and expense of the other party resulting therefrom.
The arbitral tribunal may think inexpedient to allow such alteration of or addition to the claim or the defence taking into account the delay caused.
Article 44. CONSEQUENCES AND CLAIM FOR SET-OFF
If the respondent intends to make a counterclaim or make a claim arising out of the same contract for the purpose of a set-off, it shall be done at the same time with submitting the response to the claim.