In Roth and others v Kinn and another – Lawtel 13.11.07 the Claimants sought judgment in default of acknowledgment of service by the second Defendant, who contended that he did not wish to take part in the proceedings as he had entered into an arbitration agreement with the Claimants. The Chancery court ruled that the second Defendant ought to be given one last short opportunity to play a part in the proceedings, either by filing an acknowledgment of service or by seeking to have the proceedings stayed on the basis that an arbitration agreement was in place.