LEGAL PRINCIPLE: ARBITRATION LAW – Appointment and Conduct of Arbitrator – Proceeding Ex Parte After Due Notice
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)
"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."
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.