State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-567_54

§1‑567.54.  Hearings and written proceedings.

(a)        Unless otherwiseagreed by the parties, the arbitral tribunal shall decide whether to hold oralhearings for the presentation of evidence or for oral argument, or whether theproceedings shall be conducted on the basis of documents and other materials. Unless the parties have agreed that no hearings shall be held, the arbitraltribunal shall hold such hearings at an appropriate stage of the proceedings,if so requested by a party.

(b)        The parties shallbe given sufficient advance notice of any hearing and of any meeting of thearbitral tribunal for the purposes of inspection of goods, other property, ordocuments.

(c)        All statements,documents, or other information supplied to the arbitral tribunal by one partyshall be served on the other party and any expert report or evidentiarydocument on which the arbitral tribunal may rely in making its decision shallbe served on the parties.  The arbitral tribunal shall direct the timing ofsuch service to protect the parties from undue surprise.

(d)        Unless otherwiseagreed by the parties, all oral hearings and meetings in arbitral proceedingsshall be held in camera.  Confidential information disclosed during theproceedings by the parties or by witnesses shall not be divulged by thearbitrator or arbitrators.  Unless otherwise agreed by the parties, or requiredby applicable law, the arbitral tribunal and the parties shall keepconfidential all matters relating to the arbitration and the award.

(e)        The parties may agreeon:

(1)        The attendance of acourt reporter,

(2)        The creation of atranscript of proceedings, or

(3)        The making of anaudio or video record of proceedings, at the expense of the parties.

Any party may provide for anyof the actions specified in subdivisions (1) through (3) of this subsection atthat party's own expense.

(f)         After asking theparties if they have any further testimony or evidentiary submissions and uponreceiving negative replies or being satisfied that the record is complete, thearbitral tribunal may declare the hearings closed.  The arbitral tribunal mayreopen the hearings, upon terms it considers just, at any time before the awardis made. (1991, c. 292.)