---
title: "Prepare an application when a person defaults in an arbitration"
url: "https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-an-application-when-a-person-defaults-in-an-arbitration"
type: "task"
site: "AI Law Framework"
id: "A6-OC20261022-5"
practice_area: "Arbitration & Alternative Dispute Resolution"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Prepare an application when a person defaults in an arbitration

> From the subpoena or direction and the proof of non-compliance, list the default, whether tribunal permission is required, and whether the person is a party. The tool does not write the application.

Canonical page: https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-an-application-when-a-person-defaults-in-an-arbitration  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | From the subpoena or direction and the proof of non-compliance, list the default, whether tribunal permission is required, and whether the person is a party. The tool does not write the application. |
| What the lawyer must review | The lawyer decides whether to seek a court order or to ask the tribunal to proceed, and writes any application. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Lawyer-led judgement**

The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

- What the AI does: From the subpoena or direction and the proof of non-compliance, list the default, whether tribunal permission is required, and whether the person is a party. The tool does not write the application.
- What the lawyer does: The lawyer decides whether to seek a court order or to ask the tribunal to proceed, and writes any application.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.
- Restriction: The lawyer makes the substantive assessment. Any permitted AI assistance remains supporting work with its own checks.

## Checks the lawyer makes

1. Identify the subpoena or direction and the proof that it was not complied with.
2. Check whether tribunal permission is required before a court application.
3. Do not include, in the note, any question or document the person could not be compelled to give in court.
4. The lawyer writes the application. The tool does not draft evidence.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [International Arbitration Act 1974, sections 23A and 23B](https://www.legislation.gov.au/C2004A00192/latest) (checked 2026-10-22)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/prepare-an-application-when-a-person-defaults-in-an-arbitration/united-states.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*