PRINCIPLE STATEMENT

An arbitrator may proceed with a reference in the absence of one of the parties if they do not choose to attend; the party ought to have notice that the arbitrator will proceed ex parte if they do not attend.

RATIO DECIDENDI (SOURCE)

Per Ogwuegbu, JSC, in Lagos State Development and Property Corporation v. Adold Stamm International (Nigeria) Limited (1994) NLC-2821991(SC) at p. 20; Para E – p. 21; Para A.
"An arbitrator may proceed with a reference in the absence of one of the parties if he does not choose to attend. The party ought to have notice that the arbitrator will proceed ex-pane in the case if he does not attend."
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EXPLANATION / SCOPE

Arbitrators can proceed ex parte (in the absence of one party) provided: (1) the absent party had proper notice of the hearing, and (2) notice warned that proceedings would continue in their absence. This power prevents parties from frustrating arbitration by non-attendance. However, requirements must be met: adequate notice of hearing date/time/place, clear warning that ex parte proceedings will occur if they don’t attend, and opportunity to participate (notice given sufficiently in advance). Ex parte proceedings are justified because: parties chose arbitration, agreed to arbitrator’s procedures, and shouldn’t be able to delay by refusing attendance. But procedural fairness demands: notice and opportunity to attend must be given before proceeding without them. Without proper notice or warning, ex parte proceedings may constitute misconduct. The principle balances: preventing obstruction through non-attendance against ensuring parties have fair opportunity to participate.

CASES APPLYING THIS PRINCIPLE