General Proceedings and Prehearing Procedures. (a) Arbitrator's Powers. The arbitrator has the power to administer oaths or affirmations to witnesses, determine the admissibility of evidence, and decide the law and the facts in an action.
The fact that formal rules of evidence do not apply in arbitration (unless the parties expressly mandate it, which is rare) little deters the transplanted trial lawyer.” Alfred G.
Appointment of Arbitrator. (a) Mutually Agreed Arbitrator. If the parties agree on a person to serve as the arbitrator and the proposed arbitrator consents, the clerk or court administrator must assign the action to that person upon the filing of a written stipulation requesting the person's appointment.
Rule 75. Hearing Procedures (a) Issuing Subpoenas. Subpoenas may be issued, served and enforced as provided by these rules or other law. (c) Evidence. (e) Assessing Damages Against Defaulted Parties. (f) Record of Proceedings. (g) Failure to Appear or Participate in Good Faith at a Hearing.
General Proceedings and Prehearing Procedures. (a) Arbitrator's Powers. The arbitrator has the power to administer oaths or affirmations to witnesses, determine the admissibility of evidence, and decide the law and the facts in an action.
The only disputes which may not be determined by way of arbitration proceedings are matters in respect of any matrimonial cause (or incidental thereto) and matters relating to status, for example sequestration or liquidation proceedings.
The Tribunal has discretion to determine the admissibility, weight and credibility of the evidence adduced (Arbitration Rule 36(1)). Parties file their evidence with their written pleadings. Evidence filed in the written process may include exhibits, witness statements, expert reports, audio and video files.
Compulsory Arbitration is a mandatory program for disputes valued under $50,000.
The word 'admissibility' is used in international commercial arbitration to refer to the power of a tribunal to decide a case at a particular point in time, having regard to a possible temporary or permanent defect within the claim.