LD 1218
pg. 54
Page 53 of 94 An Act To Enact the Revised Uniform Arbitration Act Page 55 of 94
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LR 468
Item 1

 
B.__Upon request of one party to the arbitration
proceeding if that party gives notice to all other parties
to the proceeding and the other parties have a reasonable
opportunity to respond.

 
3.__Hearing.__If an arbitrator orders a hearing, the
arbitrator shall set a time and place and give notice of the
hearing not less than 5 days before the hearing begins.__
Unless a party to the arbitration proceeding makes an
objection to lack or insufficiency of notice not later than
the beginning of the hearing, the party's appearance at the
hearing waives the objection.__Upon request of a party to the
arbitration proceeding and for good cause shown, or upon the
arbitrator's own initiative, the arbitrator may adjourn the
hearing from time to time as necessary but may not postpone
the hearing to a time later than that fixed by the agreement
to arbitrate for making the award unless the parties to the
arbitration proceeding consent to a later date.__The
arbitrator may hear and decide the controversy upon the
evidence produced although a party who was duly notified of
the arbitration proceeding did not appear.__The court, on
request, may direct the arbitrator to conduct the hearing
promptly and render a timely decision.

 
4.__Rights at hearing.__At a hearing under subsection 3, a
party to the arbitration proceeding has a right to be heard,
to present evidence material to the controversy and to cross-
examine witnesses appearing at the hearing.

 
5.__Replacement arbitrator.__If an arbitrator ceases or is
unable to act during the arbitration proceeding, a replacement
arbitrator must be appointed in accordance with section 8711
to continue the proceeding and to resolve the controversy.

 
Uniform Comment

 
1. Section 15 is a default provision and under Section 4(a)
is subject to the agreement of the parties. Section 15(a) is
intended to give an arbitrator wide latitude in conducting an
arbitration subject to the parties' agreement and to determine
what evidence should be considered. It should be noted that
the rules of evidence are inapplicable in an arbitration
proceeding except that an arbitrator's refusal to consider
evidence material to the controversy that substantially
prejudices the rights of a party is a ground for vacatur under
Section 23(a)(3). See Comment 4 to this section.

 
2. As the use of arbitration increases, there are more cases
that involve complex issues. In such cases arbitrators are
often involved in numerous prehearing matters involving
conferences,


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