State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_1 > GS_1-569_15

§ 1‑569.15.  Arbitrationprocess.

(a)        An arbitrator mayconduct an arbitration in the manner the arbitrator considers appropriate for afair and expeditious disposition of the proceeding. The authority conferredupon the arbitrator includes the power to hold conferences with the parties tothe arbitration proceeding before the hearing and, among other matters,determine the admissibility, relevance, materiality, and weight of anyevidence.

(b)        An arbitrator maydecide a request for summary disposition of a claim or particular issue:

(1)        If all interestedparties agree; or

(2)        Upon request of oneparty to the arbitration proceeding if that party gives notice to all otherparties to the proceeding and the other parties have a reasonable opportunityto respond.

(c)        If an arbitratororders a hearing, the arbitrator shall set a time and place and give notice ofthe hearing not less than five days before the hearing begins. Unless a partyto the arbitration proceeding objects to the lack or insufficiency of notice notlater than the beginning of the hearing, the party's appearance at the hearingwaives the objection. Upon request of a party to the arbitration proceeding andfor good cause shown, or upon the arbitrator's own initiative, the arbitratormay adjourn the hearing from time to time as necessary but shall not postponethe hearing to a time later than that fixed by the agreement to arbitrate formaking the award unless the parties to the arbitration proceeding consent to alater date. The arbitrator may hear and decide the controversy upon theevidence produced although a party who was duly notified did not appear. Thecourt, upon request, may direct the arbitrator to conduct the hearing promptlyand render a timely decision.

(d)        At a hearing undersubsection (c) of this section, a party to the arbitration proceeding may beheard, present evidence material to the controversy, and cross‑examinewitnesses appearing at the hearing.

(e)        If an arbitratorceases to or is unable to act during the arbitration proceeding, a replacementarbitrator shall be appointed in accordance with G.S. 1‑569.11 tocontinue the proceeding and to resolve the controversy.

(f)         The rules ofevidence shall not apply in arbitration proceedings, except as to matters ofprivilege or immunities. (1927, c. 94, ss. 6, 7; 1973, c. 676, s. 1; 2003‑345,s. 2.)