As a general matter, the procedure to be followed in an arbitration proceeding is less formal than that in a court action, and where not prescribed by statute, the parties may agree as to the procedure to be followed if it is fair and each party has an opportunity to be heard.
Where the parties provide for the conduct of and procedure governing an arbitration hearing, they should specify the rules of evidence that are to govern the hearing, whether the parties or the arbitrators may incorporate other documents and rules into the hearings by reference, matters relating to the production of books and records, either by subpoena duces tecum or other methods, the production of witnesses, and, where desirable, set a time limit on the length of the hearings.
The hearing must be conducted according to any statutory requirements or procedures agreed to by the parties. Unless the arbitrator substantially complies with such procedures, the award may be declared invalid.
Delaware Generic Motion for Continuance and Notice of Motion in an Arbitration Matter In the state of Delaware, the Generic Motion for Continuance and Notice of Motion in an Arbitration Matter serve as crucial legal documents used in the arbitration process. These motions allow parties involved in an arbitration to request a postponement or delay of the proceedings for various valid reasons. It is essential to understand the different types of Delaware Generic Motion for Continuance and Notice of Motion in an Arbitration Matter that can be filed depending on the circumstances. Let's explore these documents in detail. 1. Delaware Generic Motion for Continuance: This motion is typically filed when one party needs to request a postponement or adjournment of an arbitration hearing. The party filing this motion must provide valid reasons supporting the need for the delay, such as the unavailability of a key witness, unexpected emergencies, conflicts in schedules, or the need for additional time to gather evidence crucial to the case. The Delaware Generic Motion for Continuance ensures that parties are provided with a fair and reasonable opportunity to present their case without any undue burden or injustice caused by external factors. 2. Delaware Notice of Motion in an Arbitration Matter: This document notifies all involved parties, including the opposing party, arbitrators, and the arbitration administrator, about an upcoming motion that will be presented before the arbitration panel. The Notice of Motion must include the specific details of the motion, the grounds for the motion, and the date and time it will be presented. It is essential to serve the Notice of Motion to all relevant parties well in advance to allow ample time for preparation and response. Additional Types of Delaware Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: a. Emergency Motion for Continuance: When unforeseen circumstances or emergencies arise that require immediate attention, parties can file an emergency motion for continuance. This motion is reserved for significant incidents that create an urgent need for a postponement. The party filing this motion must demonstrate that the emergency is unavoidable and that proceeding with the arbitration would pose substantial harm or an injustice to any involved party. b. Motion for Continuance Due to Inadequate Preparation: In situations where a party feels they have insufficient time to adequately prepare their case, they can file a motion for continuance based on inadequate preparation. This motion allows the party to request additional time to collect evidence, gather witnesses, consult experts, or perform any necessary research to ensure a fair and thorough presentation of their case. c. Joint Motion for Continuance: In some instances, both parties involved in the arbitration may agree that a continuance is necessary. In such cases, they can jointly file a motion for continuance, stating their mutual reasons for the request. This collaborative approach can expedite the approval process, as both parties are united in their cause for delay. It is important to note that these are generic types of motions for continuance and notice of motion specific to arbitration matters in Delaware. Legal professionals should consult the Delaware Court system and applicable rules to determine the exact requirements and procedures for filing these motions in their specific cases.
