Public policy strongly favors requiring parties to arbitrate disputes that arise under a written contract with an arbitration clause. Arbitration is supposed to lessen the burden on court dockets and be a quicker, more cost-effective way to resolve disputes. It often is when both parties take the process seriously and participate.
In principle, when parties agree to arbitrate, they are generally bound by that agreement. It often follows that when a party initiates arbitration proceedings, the other party—the respondent—avails itself of the opportunity to present its case and participate in the proceedings. Ideally (and usually), a respondent will participate effectively; it will comply with the provisions of the arbitration agreement, the provisions of the arbitral rules, if any, and the arbitral tribunal’s directions. However, that is not the case when one side ignores the arbitration altogether. So what happens when one side fails to participate in the arbitration process?
