Title 9, Chapter 9, Section 8
( 9-9-8)
(a) The arbitrators, in their discretion, shall appoint a time and
place for the hearing notwithstanding the fact that the arbitration
agreement designates the county in which the arbitration hearing is
to be held and shall notify the parties in writing, personally or by
registered or certified mail or statutory overnight delivery, not
less than ten days before the hearing. The arbitrators may adjourn
or postpone the hearing. The court, upon application of any party,
may direct the arbitrators to proceed promptly with the hearing and
determination of the controversy. (b) The parties are entitled to be heard; to present pleadings,
documents, testimony, and other matters; and to cross-examine
witnesses. The arbitrators may hear and determine the controversy
upon the pleadings, documents, testimony, and other matters produced
notwithstanding the failure of a party duly notified to appear. (c) A party has the right to be represented by an attorney and may
claim such right at any time as to any part of the arbitration or
hearings which have not taken place. This right may not be waived.
If a party is represented by an attorney, papers to be served on the
party may be served on the attorney. (d) The hearing shall be conducted by all the arbitrators unless the
parties otherwise agree; but a majority may determine any question
and render and change an award, as provided in this part. If during
the course of the hearing, an arbitrator for any reason ceases to
act, the remaining arbitrator or arbitrators appointed to act as
neutrals may continue with the hearing and determination of the
controversy. (e) The arbitrators shall maintain a record of all pleadings,
documents, testimony, and other matters introduced at the hearing.
The arbitrators or any party to the proceeding may have the
proceedings transcribed by a court reporter. (f) Except as provided in subsection (c) of this Code section, a
requirement of this Code section may be waived by written consent of
the parties or by continuing with the arbitration without objection. |