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.
Title: New York Generic Motion for Continuance and Notice of Motion in an Arbitration Matter Keywords: New York arbitration, motion for continuance, notice of motion, arbitration matter, types of motions, legal proceedings, arbitration process. Introduction: When engaged in an arbitration matter in New York, it is essential to be familiar with the various types of motions that may arise during the process. Two important motion types often encountered are the Generic Motion for Continuance and the Notice of Motion. In this article, we will delve into these motions, their significance, and the applicable procedures of these motions in relation to the arbitration process in New York. 1. New York Generic Motion for Continuance: The Generic Motion for Continuance in New York arbitration matters involves a request made by one party (the moving) to postpone a scheduled hearing, proceeding, or deadline for a valid and justifiable reason. This motion seeks to ensure fairness, allowing all parties involved in the arbitration matter to be adequately prepared, present, and have a comprehensive understanding of the case at hand. Some common grounds for filing a motion for continuance include the unavailability of key witnesses, unexpected emergencies, or the need for additional time to gather evidence. Variations of the Generic Motion for Continuance: — Emergency Motion for Continuance: Filed in urgent situations where an immediate postponement is required due to unforeseen circumstances. — Expedited Motion for Continuance: Requesting an accelerated review and ruling on the motion if the need to postpone arises close to the scheduled hearing date. 2. Notice of Motion: The Notice of Motion is a formal document submitted by one party to inform the opposing party and the arbitration panel or arbitrator of their intention to file a motion. This notice helps maintain transparency and fairness in the arbitration process by allowing all parties sufficient time to prepare their legal arguments and gather evidence in response to the forthcoming motion. The Notice of Motion typically includes pertinent information such as the requested relief, specific grounds for the motion, and the date and time when the motion will be heard. While the Generic Motion for Continuance and the Notice of Motion are distinct processes, they are often interconnected. For instance, if a party files a motion for continuance, they must provide a Notice of Motion to notify all affected parties about the forthcoming motion hearing. Conclusion: In New York arbitration matters, the Generic Motion for Continuance and the Notice of Motion play crucial roles in ensuring fair and efficient legal proceedings. Parties involved in arbitration should understand these motions and their procedures to navigate the arbitration process effectively. By respecting the arbitration rules and diligently following the guidelines set forth by the relevant arbitration code, parties can maintain the integrity and effectiveness of the arbitration process in New York.
