19, The Defendant did not submit any defense in response to the proceedings brought by the Applicant, despite having been duly served by the Court. Application for judgment by default. 20. Following the Defendant's failure to file a defense, the Applicant, pursuant to Article 90 of the Rules, filed an application for a default judgment, asking the Tribunal to make the Declarations and issue the Orders set out in paragraph 17, the contents of which are as if hereby reproduced in seriatim. The Court's Analysis of the Application for Judgment by Default 21. As the Defendant failed to present its defense within the thirty-day period it had to do so, the Applicant requested a Judgment by default, under the terms of Article 90 of the Regulations, which reads as follows: 22. Article 90 (1) “If a defendant on whom an application initiating proceedings has been duly served fails to lodge a defense to the application in the proper form within the time prescribed, the applicant may apply for judgment by default.” 23. Article 90(4) “Before giving judgment by default the Court shall, after considering the circumstances of the case consider: whether the application initiating proceedings is admissible, whether the appropriate formalities have been complied with, founded.” and whether the application appears well