Evidentiary Hearing. An evidentiary hearing with provision for the examination and cross-examination of witnesses shall be conducted unless all parties consent in writing to the resolution of the matter on the basis of the written record. The forms and methods for taking evidence shall be determined by the arbitrator(s) and may be modified pursuant to Section 12 of the Procedures. The arbitrator(s) may require such written or other submissions from the parties as deemed appropriate by the arbitrator(s), including submission of direct and rebuttal testimony of witnesses in written form. The arbitrator(s) may exclude any evidence that is irrelevant, immaterial, unduly repetitious, unduly prejudicial or privileged. The arbitrator(s) shall compile a complete evidentiary record of the arbitration hearing (that may include a summary of testimony presented and the briefs, affidavits and exhibits submitted), which shall be available to the parties upon request on completion of the arbitration.
Appears in 2 contracts
Sources: It Services Agreement (Perot Systems Corp), Information Technology Services Agreement (Perot Systems Corp)