Parties who have entered into a valid arbitration agreement understand that under the Federal Arbitration Act (FAA), the matter generally must be resolved through arbitration rather than court litigation. Only after such resolution may they seek enforcement of the arbitration award or other relief in court.
But what if a party is unable to pay the costs of the arbitration? Conversely, what if a party has the financial wherewithal, but simply refuses to pay? May the arbitration be dismissed by the arbitrator; and, if dismissed, may a court, nonetheless, consider the dispute on the merits?
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