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.
Oregon Generic Motion for Continuance and Notice of Motion in an Arbitration Matter In Oregon, a generic motion for continuance and notice of motion plays a crucial role in the arbitration process. Arbitration is a method of alternative dispute resolution where parties involved in a legal conflict present their case before an unbiased third-party arbitrator or panel for a final decision. However, unexpected circumstances may arise that require a postponement or delay in the arbitration proceedings. In such cases, a motion for continuance is filed to request an extension or rescheduling of the arbitration hearing. The Oregon Generic Motion for Continuance and Notice of Motion provides a standardized template that can be utilized in various arbitration matters. Primarily, it aims to inform the opposing party, arbitrator, and the arbitration administrator about the requesting party's intention to seek a continuance. This motion must be filed in compliance with the relevant rules and regulations governing the arbitration process in Oregon. Keywords: Oregon, Generic Motion for Continuance, Notice of Motion, Arbitration Matter, alternative dispute resolution, postponement, delay, rescheduling, template, opposing party, arbitrator, arbitration administrator, rules and regulations. Different types of Oregon Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: 1. Emergency Motion for Continuance: This type of motion is filed when an unexpected and unavoidable circumstance arises, making it impossible for a party to attend the scheduled arbitration hearing. Emergency situations might include serious illness, accidents, or natural disasters that hinder the party's ability to participate in the proceedings. This motion requests the arbitrator for an immediate rescheduling of the hearing to accommodate the unforeseen situation. 2. Non-Emergency Motion for Continuance: Often, parties may need more time to prepare or gather additional evidence to present their case effectively. A non-emergency motion for continuance is filed when there are no emergency situations, but valid reasons exist for a delay. These reasons might include the need for further investigation, unavailability of key witnesses, or complex legal issues that require additional time for research and analysis. This motion requests the arbitrator to grant an extension of the scheduled hearing date to ensure fairness and due process. 3. Procedural Motion for Continuance: In certain circumstances, a procedural issue might emerge during the arbitration process that necessitates a continuance. This type of motion is submitted when there are disputes over the proper procedure, jurisdiction, or any other administrative matter that requires clarification before proceeding with the arbitration. The procedural motion for continuance requests the arbitrator to schedule a hearing to address and resolve the procedural dispute before moving forward with the substantive issues. Key variations of the Oregon Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: Emergency Motion for Continuance, Non-Emergency Motion for Continuance, Procedural Motion for Continuance.
