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.
Wake North Carolina is a city located in the state of North Carolina. It is known for its rich history, vibrant community, and diverse culture. In the legal field, Wake North Carolina is also recognized for its efficient and effective arbitration processes. A Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a common legal document used in Wake North Carolina to request a postponement or delay in an arbitration hearing. This motion may be submitted by either party involved in the dispute, typically through their legal representatives. It aims to present valid reasons or circumstances that warrant the need for more time before proceeding with the arbitration process. Some possible types of Wake North Carolina Generic Motion for Continuance and Notice of Motion in an Arbitration Matter include: 1. Motion for Continuance due to scheduling conflicts: This type of motion is filed when one or both parties involved in the arbitration matter encounter scheduling conflicts that prevent them from attending the hearing on the originally scheduled date. Valid reasons for scheduling conflicts may include prior commitments, personal emergencies, or other unavoidable circumstances that render the parties unable to appear in court. 2. Motion for Continuance due to inadequate preparation: In some cases, a party may request a continuance if they require additional time to adequately prepare for the arbitration hearing. This could include gathering and reviewing evidence, consulting with expert witnesses, or conducting further research to strengthen their case. The party must demonstrate to the court that the delay is necessary to ensure a fair and informed arbitration process. 3. Motion for Continuance due to unforeseen circumstances: Unforeseen circumstances, such as the sudden illness or incapacitation of a party, the death of a key witness, or a force majeure event, may necessitate the filing of a motion for continuance. The party requesting the continuance should provide supporting documentation and evidence of the unforeseen circumstances that prevent them from proceeding with the arbitration at the present time. 4. Motion for Continuance due to settlement negotiations: If the parties involved in the arbitration matter are actively engaged in settlement negotiations, they may decide to temporarily suspend the arbitration process to explore the possibility of reaching a resolution. This motion seeks a continuance to allow the parties to focus on settlement discussions and potentially avoid the need for a full arbitration hearing. When filing a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter in Wake North Carolina, it is crucial to adhere to the local court rules and procedures. Properly addressing the motion and presenting compelling reasons supported by relevant facts and evidence can greatly increase the likelihood of its approval. It is advisable to seek professional legal advice from an attorney experienced in arbitration matters in Wake North Carolina to ensure the motion is properly drafted and submitted.
