Does Failure to Bring An Interpreter Alone Constitute Failure to Participate at Arbitration ?
In West Bend Mutual Insurance Co. v. Herrera, 292 Ill. App. 3d 669, 226 Ill. Dec. 862, 686 N.E.2d 645 (1997), the trial court barred defendants from rejecting an arbitration award, although they appeared with counsel and counsel made opening and closing statements and cross-examined the plaintiff.
The trial court found that they had failed to participate in good faith by not testifying at the arbitration.
This court reversed, holding that defendants' failure to bring an interpreter alone was not sufficient to constitute failure to participate in good faith in the absence of either a finding by the arbitrators or a transcript of the proceedings. West Bend Mutual Insurance Co., 292 Ill. App. 3d at 676.