Originally from Dispute Resolution Journal

INTERNATIONAL — MOTION TO COMPEL — AAA RULE 47 — FILING FEES — LITIGATION REINSTATED

Where the court had ordered the defendant to initiate arbitration ofthe entire dispute and where the defendant on filing his demand for arbitration with the American Arbitration Association submitted only his claim and filing fee the court reinstated the stayed litigation on the ground that the defendant had not complied with the court order when he failed to submit plaintiff's claim and to pay plaintiff's filing fee. The dispute arose when plaintiff sued the defendant for breach of contract. Defendant counterclaimed and moved for an order directing arbitration. The court granted the motion, stayed the litigation and ordered the defendant to commence arbitration procedures within 14 days. Defendant in his demand for arbitration with the American Arbitration Association paid his own filing fees and submitted only his counterclaim, although all the court papers were attached to the demand. Plaintiff acknowledged receipt of the demand and requested the American Arbitration Association to consider the complaint filed in court as its answering statement and claim for relief. The plaintiff then received an invoice for the amount of his filing fees. Plaintiff, upon receipt of the invoice for the filing fees, moved to reinstate the litigation on the ground that defendant had not complied with the court order by failing to submit plaintiff's claim and pay plaintiffs filing fee. The court agreed, holding that as the defendant failed to institute arbitration of the entire case as ordered by the court, it was proper to reinstate the litigation. Fu Chin Printing Co. v. Lord Label and Manufacturing Co., 353 N.E.2d 162 (111. 1976).