5-405.   Hearing.Unless otherwise provided by the agreement: (a) The arbitrators shallappoint a time and place for the hearing and cause notification to theparties to be served personally or by registered mail not less than five(5) days before the hearing. Appearance at the hearing, other than aspecial appearance to contest the sufficiency of notice, waives suchnotice. The arbitrators may adjourn the hearing from time to time asnecessary and, on request of a party and for good cause, or upon their ownmotion may postpone the hearing to a time not later than the date fixed bythe agreement for making the award unless the parties consent to a laterdate. The arbitrators may hear and determine the controversy upon theevidence produced notwithstanding the failure of a party duly notified toappear. The court on application may direct the arbitrators to proceedpromptly with the hearing and determination of the controversy.

      (b)   The parties are entitled to be heard, to present evidence materialto the controversy and to cross-examine witnesses appearing at the hearing.

      (c)   The hearing shall be conducted by all the arbitrators but a majoritymay determine any question and render a final award. If, during the courseof the hearing, an arbitrator for any reason ceases to act, the remainingarbitrator or arbitrators appointed to act as neutrals may continue withthe hearing and determination of the controversy.

      History:   L. 1973, ch. 24, § 5; July 1.