what if the other party tries to back out once the arbitration has started?

when i am appointed to arbitrate a dispute, the parties who retain me grant me the authority to decide the outcome of their dispute. my jurisdiction is not revocable without mutual consent so the other party alone cannot decide to walk away from arbitration.

if they stop participating, the process can move on without them.

if they stop paying their share for the arbitration, there is a clause that i use in my standard agreement that gives others the choice to offer payment + try to recover such in my award. the purpose of this clause is to avoid a party playing games by trying to stall the arbitration or avoiding getting a decision rendered by withholding funds.

for these reasons, it is important for parties proceeding to arbitration to carefully select their decision maker. if any concerns arise during the arbitration process, it is often a good idea to raise + address them.

 

 

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