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.
Keywords: Tennessee, generic motion for continuance, notice of motion, arbitration matter. In Tennessee, a generic motion for continuance and notice of motion in an arbitration matter is a legal document that parties involved in an arbitration process can file to request a postponement or delay in the proceedings. This motion allows the individuals to justify the need for more time to adequately prepare their case, gather evidence, engage in negotiation or settlement discussions, or take any other action necessary for the fair resolution of the dispute. There can be different types of generic motion for continuance and notice of motion in an arbitration matter, each serving a specific purpose within the arbitration process. Some common types may include: 1. Continuance Motion due to Insufficient Preparation Time: This type of motion is filed when a party believes that they have not had adequate time to review the case, gather evidence, or consult with legal counsel. It highlights the need for more time to ensure a fair and just arbitration process. 2. Continuance Motion due to Unexpected Circumstances: Parties may encounter unexpected circumstances, such as medical emergencies, scheduling conflicts, or unavailability of witnesses, which prohibit them from proceeding with the scheduled arbitration. This motion requests a postponement to a later date when these issues are resolved. 3. Continuance Motion for Settlement Negotiations: If parties are in the process of negotiating a settlement outside of arbitration, they may opt to file a motion for continuance to allow additional time for these discussions to take place. It recognizes the potential benefit of resolving the dispute amicably before proceeding with arbitration. 4. Continuance Motion for Additional Discovery: In certain cases, parties may require additional time to conduct further discovery, such as depositions, document requests, or expert witness examinations. This motion seeks a continuance to accommodate the necessary discovery procedures to ensure a fair outcome. The notice of motion is an accompanying document that notifies the opposing party and the arbitration panel of the intent to file a motion for continuance. It outlines the reasons for the request and provides an opportunity for the opposing party to respond or object to the motion. It is essential to adhere to the specific rules and procedures set forth by the Tennessee arbitration laws when filing a generic motion for continuance and notice of motion. Parties should consult with legal counsel to ensure compliance with the applicable guidelines and to present their case effectively.
