2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 75 - (7501 - 7514) ARBITRATION
7506 - Hearing.


NY CPLR § 7506 (2012) What's This?
 
    § 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony,
  an  arbitrator  shall  be  sworn  to  hear  and  decide  the controversy
  faithfully and fairly by an officer authorized to administer an oath.
    (b) Time and place. The arbitrator shall appoint a time and place  for
  the  hearing  and  notify  the  parties  in  writing  personally  or  by
  registered or certified  mail  not  less  than  eight  days  before  the
  hearing.  The arbitrator may adjourn or postpone the hearing. The court,
  upon application of any party, may  direct  the  arbitrator  to  proceed
  promptly with the hearing and determination of the controversy.
    (c)  Evidence.  The  parties  are  entitled  to  be  heard, to present
  evidence and to cross-examine witnesses. Notwithstanding the failure  of
  a  party  duly notified to appear, the arbitrator may hear and determine
  the controversy upon the evidence produced.
    (d)  Representation  by  attorney.  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 shall be served upon his attorney.
    (e)  Determination  by majority. The hearing shall be conducted by all
  the arbitrators, but a majority may determine any question and render an
  award.
    (f) Waiver. Except as provided in subdivision (d),  a  requirement  of
  this  section  may be waived by written consent of the parties and it is
  waived if the parties continue with the arbitration without objection.

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