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.
Pennsylvania Generic Motion for Continuance and Notice of Motion in an Arbitration Matter A Generic Motion for Continuance and Notice of Motion in an Arbitration Matter in Pennsylvania is a legal document that requests the postponement of an arbitration hearing. It is typically filed when a party needs more time to adequately prepare for the arbitration proceedings. Arbitration is an alternative dispute resolution method where parties resolve their conflicts outside of court through a neutral arbitrator or panel. In Pennsylvania, there are several types of Generic Motions for Continuance and Notice of Motion in an Arbitration Matter, each serving specific purposes. Some commonly used motions include: 1. Motion for Continuance: This motion is filed by one of the parties involved in the arbitration process. It seeks to request an extension or postponement of the scheduled arbitration hearing. The party filing the motion must provide valid reasons supported by evidence to justify the need for more time. 2. Notice of Motion: This document is filed to inform all parties involved in the arbitration matter about the intent to file a motion for continuance. It serves as a formal notice to ensure all parties are aware of the requested postponement and have an opportunity to present their arguments or objections. 3. Motion to Expedite: In certain situations, a party may file a Motion to Expedite instead of a Motion for Continuance. This motion seeks to accelerate the arbitration process due to urgent or time-sensitive circumstances. The request for expedited arbitration must be reasonable and justifiable. 4. Motion for Continuance Due to Unavailability: If one of the parties or their legal representative becomes unavailable or is unable to attend the scheduled arbitration hearing due to circumstances beyond their control, such as illness or unexpected events, this motion is filed to request a new date for the proceeding. 5. Motion for Continuance Based on Newly Discovered Evidence: If a party discovers new evidence that is material to the arbitration matter and couldn't have been reasonably discovered before, they can file this motion to request a continuance. The new evidence must be relevant to the case and have the potential to impact the outcome of the arbitration. It is important to note that the specific requirements for filing a Pennsylvania Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary depending on the county or jurisdiction. Parties must adhere to the local court rules and procedures when filing such motions. Seeking legal advice from an attorney with experience in arbitration matters is highly recommended ensuring compliance and increase the chances of a successful motion.
