Common use of The Arbitration Hearing Clause in Contracts

The Arbitration Hearing. The following rules and procedures will govern the arbitration: (a) The Arbitrator may conduct the arbitration in a manner he determines appropriate for a fair and expeditious disposition of the proceeding. The Arbitrator will be the judge of the admissibility, relevance, materiality and weight of all evidence offered. Conformity to State or Federal rules of evidence and civil procedure shall not be necessary, except that rules applicable to work product privilege, attorney client privilege and settlement offers shall be enforced by the Arbitrator. (b) The Arbitrator will establish the time to be allocated for the hearing, giving due consideration to the nature of the case, the proof expected, and the reasonable requests of the parties' or their attorneys. Each party will be afforded a reasonable opportunity to make an opening statement, present evidence, cross-examine witnesses appearing at the hearing, and make a closing statement. The Parties may, but will not be required, to submit briefs or memoranda in support of their respective positions. (c) Either party may, at its expense, have the hearing transcribed, provided a copy of any transcript prepared shall be provided to the Arbitrator. (d) The Arbitrator may hear and decide the controversy upon the evidence presented although a party duly notified of the date and time of the hearing fails to appear. (e) All testimony shall be presented under oath or affirmation. (f) Each party shall have the right to be represented by counsel. (g) Unless the parties agree otherwise, the Arbitrator shall have the discretion to allow discovery upon such terms and conditions as he shall deem appropriate, taking into consideration the needs of the parties, the needs of witnesses, and the need to conduct the hearing in a fair, efficient and cost-effective manner. The Arbitrator may establish deadlines for exchanging evidence and exhibits, pre-marking exhibits, disclosing witnesses, and other pre-hearing matters in an appropriate case. Such measures will not be employed in every case, however, in an effort to maintain the efficiency and cost- effectiveness of the arbitration process. (h) Each party, and/or the Arbitrator, shall be entitled to subpoena witnesses for attendance at the hearing and/or for the production of records. All provisions of applicable state or federal rules of civil procedure relating to fees and expenses of witnesses shall be equally applicable in this arbitration. (i) Use of depositions of witnesses who cannot be subpoenaed or are unable to attend the hearing will be permitted to the extent permitted by the state or federal rules of civil procedure applicable to the Litigation.

The Arbitration Hearing. The following rules and procedures will govern the arbitration: (a) The Arbitrator may Arbitrator(s) will ordinarily conduct the arbitration Arbitration Hearing in a the manner he determines appropriate for a fair and expeditious disposition of the proceedingset forth in these Rules. The Arbitrator will be Arbitrator(s) may vary these procedures if the judge of the admissibility, relevance, materiality Arbitrator(s) determines that it is reasonable and weight of all evidence offered. Conformity appropriate to State or Federal rules of evidence and civil procedure shall not be necessary, except that rules applicable to work product privilege, attorney client privilege and settlement offers shall be enforced by the Arbitratordo so. (b) The Arbitrator Arbitrator(s) will establish determine the time order of proof, which will generally be similar to be allocated for the hearing, giving due consideration to the nature that of the case, the proof expected, and the reasonable requests of the parties' or their attorneys. Each party will be afforded a reasonable opportunity to make an opening statement, present evidence, cross-examine witnesses appearing at the hearing, and make a closing statement. The Parties may, but will not be required, to submit briefs or memoranda in support of their respective positionscourt trial. (c) Either party may, at its expense, have the hearing transcribed, provided a copy of The Arbitrator(s) will require witnesses to testify under oath if requested by any transcript prepared shall be provided to the ArbitratorParty. (d) The Arbitrator(s) will consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as he or she determines is appropriate. The Arbitrator(s) may be guided in that determination by the Federal Rules of Evidence or by any other applicable judicial rules of evidence; however, strict conformity to such rules of evidence is not required, except that the Arbitrator(s) will apply the law relating to privileges and work product. The Arbitrator may hear limit testimony to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and decide the controversy upon the evidence presented although a party duly notified of the date and time of the hearing fails to appearrelevant evidence. (e) All The Arbitrator(s) will receive and consider witnesses' deposition testimony shall be presented under oath recorded by transcript or affirmationvideotape, provided that the other Parties have had the opportunity to attend and cross-examine. The Arbitrator(s) may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examine, but will give that evidence only such weight as the Arbitrator(s) deems appropriate. (f) Each party shall have The Parties will not offer as evidence, and the right Arbitrator(s) will neither admit into the record nor consider, prior settlement offers by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to be represented by counselresolve the dispute being arbitrated. (g) Unless When the parties agree otherwiseArbitrator(s) determines that all relevant and material evidence and arguments have been presented, the Arbitrator shall have will declare the discretion to allow discovery upon such terms and conditions as he shall deem appropriate, taking into consideration Hearing closed. The Arbitrator(s) may defer the needs closing of the partiesHearing until a date agreed upon by the Arbitrator(s) and the Parties, to permit the Parties to submit post-Hearing briefs, which may be in the form of a letter, and/or to make closing arguments. If post-Hearing briefs are to be submitted, or closing arguments are to be made, the needs Hearing will be deemed closed upon receipt by the Arbitrator(s) of witnesses, and such briefs or the need to conduct the hearing in a fair, efficient and cost-effective manner. The Arbitrator may establish deadlines for exchanging evidence and exhibits, pre-marking exhibits, disclosing witnesses, and other pre-hearing matters in an appropriate case. Such measures will not be employed in every case, however, in an effort to maintain the efficiency and cost- effectiveness making of the arbitration processsuch closing arguments. (h) Each partyAt any time before the Award is rendered, and/or the ArbitratorArbitrator(s) may, shall on his or her own initiative or on application of a Party for good cause shown, re-open the Hearing. If the Hearing is re-opened and the re-opening prevents the rendering of the Award within the time limits specified by these Rules, the time limits will be entitled to subpoena witnesses extended for attendance at the hearing and/or for the production an appropriate period of records. All provisions of applicable state or federal rules of civil procedure relating to fees and expenses of witnesses shall be equally applicable in this arbitrationtime. (i) Use The Arbitrator(s) may proceed with the Hearing in the absence of depositions a Party who, after having executed an Arbitration agreement, or who is otherwise bound to arbitrate, and after having received notice of witnesses the Hearing pursuant to Rule 17, fails to attend. The Arbitrator(s) may not render an Award solely on the basis of the default or absence of the Party, but will require any Party(ies) who canis present to submit such evidence as the Arbitrator(s) may require for the rendering of an Award. If JAMS/ENDISPUTE reasonably believes that a Party will not be subpoenaed or are unable to attend the hearing Hearing, the Arbitrator may receive the evidence necessary to render an Award either by a telephone conference or by affidavit. (j) Any Party may request that a stenographic or other record be made of the Hearing, provided that the requesting Party bear the cost of such stenographic record and that the original of the record be maintained by the reporting service so that the other Party(ies) has equal access to it. If a stenographic or other record is made of the Hearing, the requesting Party(ies) will be permitted provide a copy to the extent permitted by Arbitrator. If the state Parties agree to an Optional Appeal Procedure, they will ensure that a stenographic or federal rules other record is made of civil procedure applicable the Hearing and will share the cost. Return to the Litigationindex at top of page.

The Arbitration Hearing. The following rules and procedures will govern the arbitration: (a) The Arbitrator may will ordinarily conduct the arbitration Arbitration Hearing in a the manner he determines appropriate for a fair and expeditious disposition of the proceedingset forth in these Rules. The Arbitrator may vary these procedures if it is determined to be reasonable and appropriate to do so. It is expected that the Employee will be attend the judge of the admissibilityArbitration Hearing, relevance, materiality and weight of all evidence offered. Conformity to State or Federal rules of evidence and civil procedure shall not be necessary, except that rules applicable to work product privilege, attorney client privilege and settlement offers shall be enforced by the Arbitratoras will any other individual party with information about a significant issue. (b) The Arbitrator shall determine the order of proof, which will establish the time generally be similar to be allocated for the hearing, giving due consideration to the nature that of the case, the proof expected, and the reasonable requests of the parties' or their attorneys. Each party will be afforded a reasonable opportunity to make an opening statement, present evidence, cross-examine witnesses appearing at the hearing, and make a closing statement. The Parties may, but will not be required, to submit briefs or memoranda in support of their respective positionscourt trial. (c) Either party mayThe Arbitrator shall require witnesses to testify under oath if requested by any Party, or otherwise at its expense, have the hearing transcribed, provided a copy discretion of any transcript prepared shall be provided to the Arbitrator. (d) Strict conformity to the rules of evidence is not required, except that the Arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator shall consider evidence that he or she finds relevant and material to the dispute, giving the evidence such weight as is appropriate. The Arbitrator may hear be guided in that determination by principles contained in the Federal Rules of Evidence or any other applicable rules of evidence. The Arbitrator may limit testimony to exclude evidence that would be immaterial or unduly repetitive, provided that all Parties are afforded the opportunity to present material and decide the controversy upon the evidence presented although a party duly notified of the date and time of the hearing fails to appearrelevant evidence. (e) All The Arbitrator shall receive and consider relevant deposition testimony shall be presented under oath recorded by transcript or affirmationvideotape, provided that the other Parties have had the opportunity to attend and cross-examine. The Arbitrator may in his or her discretion consider witness affidavits or other recorded testimony even if the other Parties have not had the opportunity to cross-examine, but will give that evidence only such weight as he or she deems appropriate. (f) Each party The Parties will not offer as evidence, and the Arbitrator shall have neither admit into the right record nor consider, prior settlement offers by the Parties or statements or recommendations made by a mediator or other person in connection with efforts to be represented by counselresolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence. (g) Unless The Hearing, or any portion thereof, may be conducted telephonically or videographically with the parties agree otherwise, agreement of the Arbitrator shall have Parties or at the discretion to allow discovery upon such terms and conditions as he shall deem appropriate, taking into consideration the needs of the parties, the needs of witnesses, and the need to conduct the hearing in a fair, efficient and cost-effective manner. The Arbitrator may establish deadlines for exchanging evidence and exhibits, pre-marking exhibits, disclosing witnesses, and other pre-hearing matters in an appropriate case. Such measures will not be employed in every case, however, in an effort to maintain the efficiency and cost- effectiveness of the arbitration processArbitrator. (h) Each partyWhen the Arbitrator determines that all relevant and material evidence and arguments have been presented, and/or and any interim or partial Awards have been issued, the Arbitrator shall declare the Hearing closed. The Arbitrator may defer the closing of the Hearing until a date determined by the Arbitrator, to permit the Parties to submit post- Hearing briefs, which may be in the form of a letter, and/or to make closing arguments. If post-Hearing briefs are to be submitted, or closing arguments are to be made, the Hearing shall be entitled to subpoena witnesses for attendance deemed closed upon receipt by the Arbitrator of such briefs or at the hearing and/or for the production conclusion of records. All provisions of applicable state or federal rules of civil procedure relating to fees and expenses of witnesses shall be equally applicable in this arbitrationsuch closing arguments, whichever is later. (i) Use At any time before the Award is rendered, the Arbitrator may, sua sponte or on application of depositions a Party for good cause shown, reopen the Hearing. If the Hearing is reopened, the time to render the Award shall be calculated from the date the reopened Hearing is declared closed by the Arbitrator. (j) The Arbitrator may proceed with the Hearing in the absence of witnesses who cana Party that, after receiving notice of the Hearing pursuant to Rule 19, fails to attend. The Arbitrator may not render an Award solely on the basis of the default or absence of the Party, but shall require any Party seeking relief to submit such evidence as the Arbitrator may require for the rendering of an Award. If the Arbitrator reasonably believes that a Party will not attend the Hearing, the Arbitrator may schedule the Hearing as a telephonic Hearing and may receive the evidence necessary to render an Award by affidavit. The notice of Hearing shall specify if it will be in person or telephonic. (k) Any Party may arrange for a stenographic or other record to be made of the Hearing and shall inform the other Parties in advance of the Hearing. (i) The requesting Party shall bear the cost of such stenographic record. If all other Parties agree to share the cost of the stenographic record, it shall be made available to the Arbitrator and may be used in the proceeding. (ii) If there is no agreement to share the cost, the stenographic record may not be subpoenaed or are unable to attend the hearing will be permitted provided to the extent permitted Arbitrator and may not be used in the proceeding, unless the Party arranging for the stenographic record agrees to provide access to the stenographic record either at no charge or on terms that are acceptable to the Parties and the reporting service. (iii) If the Parties agree to the Optional Arbitration Appeal Procedure (see Rule 34), they shall, if possible, ensure that a stenographic or other record is made of the Hearing. (iv) The Parties may agree that the cost of the stenographic record shall or shall not be allocated by the state or federal rules of civil procedure applicable to Arbitrator in the LitigationAward.

The Arbitration Hearing. a. The following rules and procedures will govern the arbitration: (a) The Arbitrator may arbitrator shall conduct the arbitration hearing in a manner he determines accordance with these rules. The arbitrator may vary these procedures if it is determined reasonable and appropriate to do so. b. The arbitrator shall determine the order of proof. Normally, the claimant shall present evidence to support his/her/its claim. The respondent shall then present evidence to support his/her/its defense. Witnesses for each party shall also submit to questions from the adverse party. The arbitrator has the discretion to vary this procedure, provided that the parties are treated with equality and that each party has the right to be heard and is given a fair and expeditious disposition opportunity to present his/her/its case. c. The arbitrator, exercising his or her discretion, shall conduct the proceedings with a view to expediting the resolution of the proceedingdispute and may direct the order of proof, bifurcate proceedings, direct the parties to focus their presentations on issues the decision of which could dispose of all or part of the case, and call and examine witnesses. d. Strict conformity to the rules of evidence is not required, except that the arbitrator shall apply applicable law relating to privileges and work product. The Arbitrator will be the judge of arbitrator shall determine the admissibility, relevance, and materiality of the evidence offered and weight of all may exclude evidence offered. Conformity to State or Federal rules of evidence and civil procedure shall not be necessary, except that rules applicable to work product privilege, attorney client privilege and settlement offers shall be enforced deemed by the Arbitratorarbitrator to be cumulative or irrelevant. (b) e. The Arbitrator arbitrator may receive and consider the evidence of witnesses by declaration or affidavit, but shall give it only such weight as the arbitrator deems it is entitled to after consideration of any objection made to its admission. f. The parties will establish the time to be allocated for the hearing, giving due consideration to the nature of the case, the proof expectednot offer as evidence, and the reasonable requests arbitrator shall neither admit into the record nor consider, prior settlement offers by the parties or statements or recommendations made by a mediator or other person in connection with efforts to resolve the dispute being arbitrated, except to the extent that applicable law permits the admission of such evidence. g. The parties may agree to have all or a portion of the parties' hearings conducted telephonically or may agree to waive oral hearings in their attorneys. Each party will be afforded a reasonable opportunity entirety. h. An arbitrator finding it necessary to make an opening statement, present evidence, cross-examine witnesses appearing at inspection or investigation in connection with the hearing, and make a closing statementarbitration shall direct ADR Services to so advise the parties. The Parties may, but will not be required, to submit briefs or memoranda in support of their respective positions. (c) Either party may, at its expense, have the hearing transcribed, provided a copy of any transcript prepared arbitrator shall be provided to the Arbitrator. (d) The Arbitrator may hear and decide the controversy upon the evidence presented although a party duly notified of set the date and time and ADR Services shall notify the parties. Any party who so desires may be present at such an inspection or investigation. In the event that one or all parties are not present at the inspection or investigation, the arbitrator shall make an oral or written report to the parties and afford them an opportunity to comment. i. The arbitrator may proceed with the hearing in the absence of a party who is bound to arbitrate, and who, after receiving a Notice of the Hearing, fails to attend. The arbitrator may not render an Award solely on the basis of the default or absence of the party, but shall require any party seeking relief to submit such evidence as the arbitrator may require for the rendering of an Award. j. The arbitrator shall declare the hearing closed upon the determination that all relevant material evidence has been presented. The closing of the hearing fails to appearmay be delayed until such time as post- hearing briefs are submitted or closing arguments presented. (e) All testimony shall k. At any time before the Award is rendered, the arbitrator may re-open the hearing upon his or her own initiative or upon the application of a party for good cause. The time limits for rendering the Award will be presented under oath or affirmationextended accordingly, i.e. 30 days from the closing of the reopened hearing. (f) Each party shall have l. The parties may agree to waive the right oral hearing and submit the dispute to be represented by counsel. (g) Unless the arbitrator for an Award based on written submissions and other evidence as the parties agree otherwise, the Arbitrator shall have the discretion to allow discovery upon such terms and conditions as he shall deem appropriate, taking into consideration the needs of the parties, the needs of witnesses, and the need to conduct the hearing in a fair, efficient and cost-effective manner. The Arbitrator may establish deadlines for exchanging evidence and exhibits, pre-marking exhibits, disclosing witnesses, and other pre-hearing matters in an appropriate case. Such measures will not be employed in every case, however, in an effort to maintain the efficiency and cost- effectiveness of the arbitration processagree. (h) Each party, and/or the Arbitrator, shall be entitled to subpoena witnesses for attendance at the hearing and/or for the production of records. All provisions of applicable state or federal rules of civil procedure relating to fees and expenses of witnesses shall be equally applicable in this arbitration. (i) Use of depositions of witnesses who cannot be subpoenaed or are unable to attend the hearing will be permitted to the extent permitted by the state or federal rules of civil procedure applicable to the Litigation.