5-405. Hearing.
5-405
5-405. Hearing.
Unless otherwise provided by the agreement: (a) The arbitrators shall
appoint a time and place for the hearing and cause notification to the
parties to be served personally or by registered mail not less than five
(5) days before the hearing. Appearance at the hearing, other than a
special appearance to contest the sufficiency of notice, waives such
notice. The arbitrators may adjourn the hearing from time to time as
necessary and, on request of a party and for good cause, or upon their own
motion may postpone the hearing to a time not later than the date fixed by
the agreement for making the award unless the parties consent to a later
date. The arbitrators may hear and determine the controversy upon the
evidence produced notwithstanding the failure of a party duly notified to
appear. The court on application may direct the arbitrators to proceed
promptly with the hearing and determination of the controversy.
(b) The parties are entitled to be heard, to present evidence material
to the controversy and to cross-examine witnesses appearing at the hearing.
(c) The hearing shall be conducted by all the arbitrators but a majority
may determine any question and render a final award. If, during the course
of the hearing, an arbitrator for any reason ceases to act, the remaining
arbitrator or arbitrators appointed to act as neutrals may continue with
the hearing and determination of the controversy.
History: L. 1973, ch. 24, § 5; July 1.