Question
An arbitration was agreed to take place on a certain date. Both parties had signed a document declaring that they will submit to the arbitration and the arbitrators were appointed by mutual agreement of the disputants. However, the day when the arbitration had to commence, one party did not turn up. Can the arbitrator issue a decree despite the absence of the one party?
Answer
The arbitrator can not issue a judgment by default if any party does not attend. Regardless of the party's initial agreement and signature, his absence will be regarded as withdrawal from the arbitration process. Arbitration, while advisable and encouraged, is not Wajib. According to the Shariah, any of the parties has the right to withdraw from the arbitration at any time prior to the judgement.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 21 No 05
- PDF page
- 3
Appears under Questions and Answers (approximate).