FAI Insights with Nhu-Hoang Tran Thang — Expedited and Default Proceedings
- May 20
- 3 min read
Updated: 5 hours ago
Nhu-Hoang Tran Thang, founding partner of Astute Dispute Resolution, was recently interviewed by the Finland Arbitration Institute (FAI) for its FAI Insights series.
The interview, which was published in May 2026, is available on the FAI's website:
In the interview, Nhu-Hoang shares practical insights on procedural management in expedited and default proceedings, drawing on her experience on both sides of the table, as counsel and as arbitrator.
A significant part of the interview focuses on default proceedings, a topic that calls for particular attention to the procedural rights of the parties. As Nhu-Hoang explains, non-participation does not simplify the tribunal’s task, it requires more discipline. Proper notification throughout the proceedings, the non-participating party’s ability to intervene at any stage, and the active testing of the participating party’s case are identified as key safeguards for due process and the enforceability of the award.
Astute Dispute Resolution thanks the FAI for the opportunity to contribute to the discussion of a topic that is highly relevant both to practice and to the development of the legal framework applying to international arbitration.
This attention to default proceedings has been addressed by Nhu-Hoang before. In a LinkedIn post published in 2025, titled “Default proceedings are not a shortcut. They can be a trap”, she shared practical tips for claimants and arbitrators facing default situations, drawn from her experience as arbitrator, where the respondent has defaulted, fully or partially, in about 75% of the cases.
For claimants:
Manage your client’s or management’s expectations:
The claimant will need to advance the full arbitration costs upfront, including the respondent’s share, pending cost allocation in the final award.
Despite the absence of a responding party, the timeline may not be significantly shorter. The tribunal must still provide the defaulting party with sufficient opportunities to be heard, in order to preserve due process.
Plan enforcement ahead:
As in any arbitration, but especially in default cases, plan ahead for enforcement of the final award carefully. Check how local laws and courts treat default awards in the jurisdiction(s) where you intend to enforce.
Encourage the tribunal to play it safe:
Support procedural decisions that enhance the enforceability of the award, even if this means a less streamlined process.
For arbitrators:
A default award is like any award:
No assumptions can be made from a party’s silence.
Ensure proper notification:
Be prepared to send couriers, sometimes to multiple alternative postal addresses, to ensure the defaulting party was validly notified and received all relevant materials.
Document everything:
In the award’s procedural section, record every communication (attempts). Redundancy is better than omission, especially before reviewing courts.
Stay prepared for surprises:
A defaulting party may (re)appear mid-proceedings.
Don’t be intimidated by belated objections or procedural attacks without merit. Be fair but firm.
Raise legal issues sua sponte, cautiously:
You may need to consider jurisdiction, admissibility, and obvious defences on your own initiative.
But beware: in some jurisdictions (e.g. France), the principle ius novit arbiter is not recognized.
A final word to defaulting parties:
If you believe the tribunal lacks jurisdiction, or the claim has no merit, it’s worth articulating your objections properly and timely.
Throwing out objections informally or sending letters outside the timetable won’t help your case.
Not all arbitrators are equally experienced or discerning.
You risk a binding, final award, not subject to appeal except in rare cases, finding against you on both the merits and costs.
Taken together, these practical safeguards, for claimants, arbitrators, and defaulting parties alike, illustrate why default proceedings call for particular vigilance in protecting the procedural rights of every party involved.
