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.
Puerto Rico Generic Motion for Continuance and Notice of Motion in an Arbitration Matter In Puerto Rico, a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document filed by one party in an arbitration proceeding to request a postponement or delay of the hearing or any upcoming deadlines. This motion can be filed due to various valid reasons, such as unavailability of key witnesses, the need for additional evidence or documents, or an unforeseen conflict in the schedule of the parties or their attorneys. The primary purpose of filing a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is to ensure fairness and give both parties equal opportunities to present their case and prepare adequately. By requesting a continuance, the party seeks additional time to gather relevant evidence, secure witness testimonies, or conduct further investigations before proceeding with the arbitration hearing. Different types of Puerto Rico Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: 1. Continuance due to witness unavailability: This type of motion is filed when a key witness in the arbitration proceeding becomes unavailable or is unable to appear on the scheduled hearing date. The party making this request must demonstrate the significance of the witness's testimony and the efforts made to secure their presence. 2. Continuance due to newly discovered evidence: If a party uncovers new evidence that is material to the arbitration case, they can file a motion for continuance to allow sufficient time for reviewing, analyzing, and presenting the evidence. The party must show that the evidence was discovered after the initial hearing date was set and that it is essential to their case's outcome. 3. Continuance due to scheduling conflict: This motion is typically filed when unforeseen circumstances or conflicting engagements arise, making it impossible for the party or their attorney to attend the arbitration hearing as scheduled. Valid reasons for scheduling conflicts might include prior court engagements, medical emergencies, or personal commitments that cannot be rescheduled. 4. Continuance due to settlement negotiations: Parties involved in arbitration may decide to explore potential settlement options to reach a mutually acceptable resolution. If successful negotiations are taking place, one or both parties can file a motion for continuance to allow more time for settlement discussions before proceeding with the arbitration. It is important to note that the specific requirements and procedures for filing a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter may vary and should adhere to Puerto Rico's applicable laws and regulations. Parties should consult with legal professionals experienced in arbitration matters to ensure the proper submission of this motion.
