List a default in an arbitration before any petition is written

Key facts

Human involvement

Red · Lawyer-led

How AI is used

From the direction and the proof of non-compliance, list the default, whether the person is a party, and whether the person was given notice. Do not write a petition and do not say that an award may be made on the default alone.

What the lawyer must review

You write any petition. Rule R-32 says that, unless the law provides otherwise, the arbitration may proceed if a party, after due notice, fails to be present or fails to obtain a postponement. An award shall not be made solely on the default of a party. The arbitrator requires the party who is present to submit such evidence as the arbitrator requires for an award. Rule R-60 lets the arbitrator, on request, order sanctions where a party fails to comply with the rules or with an order. If a sanction limits participation or results in an adverse determination of an issue, the arbitrator shall explain that order in writing and shall require evidence and legal argument before making an award. The arbitrator may not enter a default award as a sanction. The party subject to the sanction request must have an opportunity to respond. 9 U.S.C. § 7 is a different petition. It is available where a person summoned to attend, or to bring a book, record, document, or paper deemed material, refuses or neglects to obey the summons. The United States district court for the district in which the arbitrators, or a majority, are sitting may then compel attendance or punish for contempt in the same manner as for a court witness. Section 7 is not a general default judgment.

Written for / version

United States versionUS