(a) If a party against whom an arbitration award is sought in a multiple party action (1) has had default entered against such party pursuant to R. 4:43-1 and the said default was entered less than six months prior to the date of the arbitration hearing, or (2) has had default judgment on liability pursuant to R. 4:43-2(b) entered against such party, the arbitration shall proceed against such party provided that the notice of hearing and proof of mailing as set forth in paragraph (b) of this rule has been complied with.
Rule 4:21A-9.Parties in Default
Last amended September 1, 2014 · Current through June 18, 2026 · Last verified July 7, 2026
In one sentenceRule 4:21A-9 lets arbitration proceed against a party in default in a multiple-party action, provided the defaulting party receives the prescribed mailed notice of the hearing and is served with the resulting award, and sets the requirements for later confirming a judgment against that party.
Full Text of Rule 4:21A-9
(b) If a party against whom an arbitration award is sought has had default or default judgment on liability entered against it as set forth in paragraph (a), notice of the arbitration proceeding shall be provided to that party in the form set forth in Appendix XXIX to these Rules no later than 30 days prior to the arbitration hearing by ordinary mail addressed to the same address at which that party was served with process if the process was originally served personally or by certified or ordinary mail, unless the party providing the notice has actual knowledge of a different current address of the defaulting defendant, in which case the notice shall be sent to that address. Proof of service of the notice of arbitration hearing herein shall be filed with the clerk prior to the arbitration hearing and shall certify that the party serving the notice has no actual knowledge that the defaulting party’s address has changed subsequent to service of original process, or, if the party has such knowledge, the proof shall certify the underlying facts. A copy of the filed proof of service of the notice provided to the defaulting party shall be provided to the arbitrator at the time of the arbitration hearing and the arbitrator shall indicate same in the arbitration award. In the event the arbitration hearing is adjourned or cancelled, the party providing such notice shall promptly notify the defaulting party of the underlying facts and the new hearing date, if applicable.
(c) If a party against whom an arbitration award is sought has had default or default judgment on liability entered against it and did not appear at the arbitration hearing after notice has been provided in accordance with paragraph (b) of this rule, the party obtaining the arbitration award against such defaulting party shall serve a copy of the arbitration award upon such defaulting party within 10 days of the date of receipt of the arbitration award. Service shall be made by ordinary mail addressed to the same address at which that party was served with service of process if the process was originally served personally or by certified or ordinary mail unless the party serving the arbitration award has actual knowledge of a different current address of the party against whom the award was entered, in which case the copy of the award shall be sent to that address.
(d) If a party who has obtained an arbitration award against the defaulting party moves for confirmation of the arbitration award and entry of judgment pursuant to R. 4:21A-6(b)(3), that party shall comply with the provisions of R. 4:43-2 and R. 1:5-7 and shall provide sufficient proof of compliance to the court.
Amendment History
New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.
Prior rule adopted July 5, 2000 to be effective September 5, 2000; rule deleted July 27, 2006 to be effective September 1, 2006. New rule adopted July 19, 2012 to be effective September 4, 2012; paragraph (b); amended July 22, 2014 to be effective September 1, 2014.
Plain-English Summary
Default does not remove a party from arbitration in a multi-party case. Where a party has had default or default judgment on liability entered against it, the arbitration proceeds against that party as long as the notice-of-hearing and proof-of-mailing requirements are met.
The rule is built around notice to the absent party. The defaulting party must be sent notice of the arbitration hearing by ordinary mail at least 30 days ahead, with proof of service filed, and must be served with a copy of the award within ten days. A party later moving to confirm the award and enter judgment against the defaulting party must comply with the default-judgment and related notice rules and show proof of compliance.
Frequently Asked Questions
Can arbitration go forward against a defaulting party?
Yes, in a multiple-party action, provided the defaulting party is sent the prescribed notice of the hearing by ordinary mail at least 30 days in advance, with proof of mailing filed, and is served with a copy of the award.
Source & verification. The rule text and amendment history are reproduced verbatim from the
official New Jersey Rules of Court (N.J. Ct. R. 4:21A-9). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. ·
Official source
Also known as: parties in default arbitrationdefault arbitrationnotice to defaulting partyconfirmation against defaulting party