47.19
CurrentFailure to comply with accepted offer
Part 47Matters arising under the Commercial Arbitration Act 2010
Division 2Offer of compromise
47.19 Failure to comply with accepted offer
(cf SCR Part 72A, rule 20)
If a party to an accepted offer fails to comply with the terms of the offer, then, unless the court otherwise orders, the other party is entitled, as he or she may elect, to—
(a)
such judgment or order as is appropriate to give effect to the terms of the accepted offer, or
(b)
if the party in default is the claimant, an order that the arbitration be stayed, or
(c)
if the party in default is opposing the claim, an order declaring that—
(i)
the compromise constituted by the acceptance of the offer is of no effect, and
(ii)
the claimant is at liberty to proceed with the arbitration.
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