As a general matter, the procedure to be followed in an arbitration proceeding is less formal than that in a court action, and where not prescribed by statute, the parties may agree as to the procedure to be followed if it is fair and each party has an opportunity to be heard.
Where the parties provide for the conduct of and procedure governing an arbitration hearing, they should specify the rules of evidence that are to govern the hearing, whether the parties or the arbitrators may incorporate other documents and rules into the hearings by reference, matters relating to the production of books and records, either by subpoena duces tecum or other methods, the production of witnesses, and, where desirable, set a time limit on the length of the hearings.
The hearing must be conducted according to any statutory requirements or procedures agreed to by the parties. Unless the arbitrator substantially complies with such procedures, the award may be declared invalid.
Title: Arkansas Generic Motion for Continuance and Notice of Motion in an Arbitration Matter — A Comprehensive Overview Introduction: In the context of arbitration matters in Arkansas, a Generic Motion for Continuance and Notice of Motion can be filed by any party involved in an arbitration proceeding. This motion aims to request a postponement of the original hearing date to allow sufficient time for necessary preparations, investigations, or to address unforeseen circumstances. This article will provide a detailed description of the Arkansas Generic Motion for Continuance and Notice of Motion, outlining its purpose, key elements, and potential variations. Key Terms: 1. Arkansas Arbitration: Refers to the resolution of legal disputes through arbitration, a private method where parties agree to have their dispute settled by one or more neutral third parties, known as arbitrators. 2. Motion for Continuance: A formal request made to a court or arbitration panel by a party seeking to delay a scheduled hearing or trial. 3. Notice of Motion: A written communication that informs the parties involved in a legal proceeding of the intent to file a motion and specifies the date and time it will be presented. Purpose of Arkansas Generic Motion for Continuance and Notice of Motion: The Arkansas Generic Motion for Continuance and Notice of Motion in an Arbitration Matter serves the following purposes: 1. Granting Additional Preparation Time: Parties may require more time to prepare their case adequately, collect evidence, obtain expert opinions, or consult legal counsel before proceeding to the arbitration hearing. 2. Investigating New Evidence: If new evidence surfaces that could significantly impact the outcome of the arbitration, a party may request a continuance to conduct further investigation and present the evidence properly. 3. Addressing Unforeseen Circumstances: In cases where unforeseen events occur, such as the unavailability of a key witness or an emergency situation, a continuance might be necessary to ensure fair proceedings. Key Elements of a Generic Motion for Continuance and Notice of Motion: 1. Caption: The case name, court or arbitration panel, and the case number. 2. Parties: Identifying the parties involved in the arbitration, including their names and contact information. 3. Grounds for Continuance: A clear and concise explanation detailing the reasons justifying the need for a continuance, whether it's for additional preparation time, investigation, or responding to unforeseen circumstances. 4. Proposed New Hearing Date: Suggesting a specific alternative date for the rescheduled arbitration hearing. 5. Supporting Evidence: Attach any necessary documentation, such as affidavits, expert reports, or any other relevant material that supports the grounds for the continuance. 6. Certificate of Service: A statement affirming that a copy of the motion and notice have been properly served to all involved parties. Potential Variations of Arkansas Generic Motion for Continuance and Notice of Motion: Depending on the specific arbitration case and the rules governing it, there may be certain variations of the Arkansas Generic Motion for Continuance and Notice of Motion. These may include: 1. Joint Motion for Continuance: When both parties mutually agree to request a continuance due to shared circumstances, they may file a joint motion together. 2. Emergency Motion for Continuance: In cases of unexpected emergencies or urgent situations, a party may file an emergency motion seeking an immediate and temporary postponement of the arbitration hearing until the situation is resolved. Conclusion: The Arkansas Generic Motion for Continuance and Notice of Motion provides parties involved in arbitration proceedings with a formal opportunity to request the postponement of a scheduled hearing. Careful attention to the key elements, grounds for continuance, and supporting evidence should be given to ensure a successful application. Understanding the purpose and potential variations of this motion is crucial for parties seeking a fair and efficient resolution of their arbitration matter in Arkansas.Title: Arkansas Generic Motion for Continuance and Notice of Motion in an Arbitration Matter — A Comprehensive Overview Introduction: In the context of arbitration matters in Arkansas, a Generic Motion for Continuance and Notice of Motion can be filed by any party involved in an arbitration proceeding. This motion aims to request a postponement of the original hearing date to allow sufficient time for necessary preparations, investigations, or to address unforeseen circumstances. This article will provide a detailed description of the Arkansas Generic Motion for Continuance and Notice of Motion, outlining its purpose, key elements, and potential variations. Key Terms: 1. Arkansas Arbitration: Refers to the resolution of legal disputes through arbitration, a private method where parties agree to have their dispute settled by one or more neutral third parties, known as arbitrators. 2. Motion for Continuance: A formal request made to a court or arbitration panel by a party seeking to delay a scheduled hearing or trial. 3. Notice of Motion: A written communication that informs the parties involved in a legal proceeding of the intent to file a motion and specifies the date and time it will be presented. Purpose of Arkansas Generic Motion for Continuance and Notice of Motion: The Arkansas Generic Motion for Continuance and Notice of Motion in an Arbitration Matter serves the following purposes: 1. Granting Additional Preparation Time: Parties may require more time to prepare their case adequately, collect evidence, obtain expert opinions, or consult legal counsel before proceeding to the arbitration hearing. 2. Investigating New Evidence: If new evidence surfaces that could significantly impact the outcome of the arbitration, a party may request a continuance to conduct further investigation and present the evidence properly. 3. Addressing Unforeseen Circumstances: In cases where unforeseen events occur, such as the unavailability of a key witness or an emergency situation, a continuance might be necessary to ensure fair proceedings. Key Elements of a Generic Motion for Continuance and Notice of Motion: 1. Caption: The case name, court or arbitration panel, and the case number. 2. Parties: Identifying the parties involved in the arbitration, including their names and contact information. 3. Grounds for Continuance: A clear and concise explanation detailing the reasons justifying the need for a continuance, whether it's for additional preparation time, investigation, or responding to unforeseen circumstances. 4. Proposed New Hearing Date: Suggesting a specific alternative date for the rescheduled arbitration hearing. 5. Supporting Evidence: Attach any necessary documentation, such as affidavits, expert reports, or any other relevant material that supports the grounds for the continuance. 6. Certificate of Service: A statement affirming that a copy of the motion and notice have been properly served to all involved parties. Potential Variations of Arkansas Generic Motion for Continuance and Notice of Motion: Depending on the specific arbitration case and the rules governing it, there may be certain variations of the Arkansas Generic Motion for Continuance and Notice of Motion. These may include: 1. Joint Motion for Continuance: When both parties mutually agree to request a continuance due to shared circumstances, they may file a joint motion together. 2. Emergency Motion for Continuance: In cases of unexpected emergencies or urgent situations, a party may file an emergency motion seeking an immediate and temporary postponement of the arbitration hearing until the situation is resolved. Conclusion: The Arkansas Generic Motion for Continuance and Notice of Motion provides parties involved in arbitration proceedings with a formal opportunity to request the postponement of a scheduled hearing. Careful attention to the key elements, grounds for continuance, and supporting evidence should be given to ensure a successful application. Understanding the purpose and potential variations of this motion is crucial for parties seeking a fair and efficient resolution of their arbitration matter in Arkansas.
