No. The arbitration award would be void. Depending on whether the judge found the arbitration clause or the award itself void, the case may be sent back for arbitration or permitted to go to trial.
Binding arbitration
Yes, arbitration is a formal though streamlined process. It is more streamlined that the standard litigation process. Never the less, the parties may choose whether the arbitration is to be binding or non-binding. If binding, the arbitrator's decision is final and the parties must comply with it. If non-binding, the parties may either accept the decision or reject it and pursue litigation.
non binding arbitration
G. K. Kwatra has written: 'Arbitration and alternative dispute resolution' -- subject(s): Arbitration and award, International, Arbitration and award, International Arbitration and award
Giorgio Bernini has written: 'L' arbitrato' -- subject(s): Arbitration and award, Arbitration and award, International, International Arbitration and award
In binding arbitration, the parties contractually agree that they will be bound and abide by the decision of the arbitrator. In non-binding arbitration, each party is free to reject the decision of the arbitrator and either do nothing or take the matter to court.
yes,the parties.
Klaus Peter Berger has written: 'The new German arbitration law in international perspective' -- subject(s): Arbitration and award, Arbitration and award, International, International Arbitration and award, Jurisdiction (International law) 'Arbitration Interactive' 'Private Dispute Resolution In International Business'
Claudia Krapfl has written: 'Die Dokumentenvorlage im internationalen Schiedsverfahren' -- subject(s): Arbitration and award, Arbitration and award, International, Conflict of laws, Evidence (Law), International Arbitration and award
non binding arbitration
Non-binding arbitration