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.
Guam Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: In an arbitration proceeding, a Generic Motion for Continuance and Notice of Motion serves as a formal request made by one party to postpone or reschedule a hearing date or other proceedings. This motion allows for the party to present substantial reasons that warrant a delay in order to adequately prepare for the arbitration process. Below are different types of Guam Generic Motions for Continuance and Notice of Motion that may be applicable in an arbitration matter: 1. Generic Motion for Continuance due to Unforeseen Circumstances: This type of motion is filed when unexpected events occur, such as sudden illness, personal emergency, or unavoidable conflicts that prevent a party from fully participating in the scheduled arbitration process. It is crucial to provide detailed documentation of the unforeseen circumstances to support the motion. 2. Generic Motion for Continuance based on Insufficient Time for Preparation: Parties may file this motion if they can demonstrate that due to the complexity of the case or significant amount of evidence, they require additional time to adequately prepare their case. It is essential to outline the specific reasons that contribute to the insufficiency of time. 3. Generic Motion for Continuance due to Non-Compliance with Discovery Obligations: Parties can file this motion when they discover that the opposing party has failed to fulfill their discovery obligations, which hinders their ability to prepare adequately for the arbitration proceedings. It is crucial to provide evidence of the opposing party's non-compliance, such as correspondence or documentation proving failure to provide discovery materials. 4. Generic Motion for Continuance based on Newly Discovered Evidence: This motion is used when a party uncovers new evidence that can significantly impact the outcome of the arbitration. The party must demonstrate that the evidence was discovered after the scheduled hearing date was set and explain its relevance to the case. 5. Generic Motion for Continuance due to Settlement Negotiations: This motion is filed when parties are engaged in active settlement negotiations and require additional time to explore the possibility of resolving the dispute outside of arbitration. It is essential to demonstrate that there is a genuine effort to reach a settlement and provide a timeline for the negotiations. When filing any of these motions, it is essential to include a Notice of Motion, which is a formal written request, notifying the other party, arbitrator(s), and the tribunal of the intention to file the motion and the upcoming hearing date. The Notice of Motion should clearly state the type of motion being filed and the reasons supporting the request for a continuance. Overall, the Guam Generic Motion for Continuance and Notice of Motion in an Arbitration Matter allows parties involved in an arbitration proceeding to request a postponement or rescheduling of hearings or other proceedings. By providing relevant and compelling reasons supporting the motion, individuals can ensure fair and efficient resolution of their dispute.Guam Generic Motion for Continuance and Notice of Motion in an Arbitration Matter: In an arbitration proceeding, a Generic Motion for Continuance and Notice of Motion serves as a formal request made by one party to postpone or reschedule a hearing date or other proceedings. This motion allows for the party to present substantial reasons that warrant a delay in order to adequately prepare for the arbitration process. Below are different types of Guam Generic Motions for Continuance and Notice of Motion that may be applicable in an arbitration matter: 1. Generic Motion for Continuance due to Unforeseen Circumstances: This type of motion is filed when unexpected events occur, such as sudden illness, personal emergency, or unavoidable conflicts that prevent a party from fully participating in the scheduled arbitration process. It is crucial to provide detailed documentation of the unforeseen circumstances to support the motion. 2. Generic Motion for Continuance based on Insufficient Time for Preparation: Parties may file this motion if they can demonstrate that due to the complexity of the case or significant amount of evidence, they require additional time to adequately prepare their case. It is essential to outline the specific reasons that contribute to the insufficiency of time. 3. Generic Motion for Continuance due to Non-Compliance with Discovery Obligations: Parties can file this motion when they discover that the opposing party has failed to fulfill their discovery obligations, which hinders their ability to prepare adequately for the arbitration proceedings. It is crucial to provide evidence of the opposing party's non-compliance, such as correspondence or documentation proving failure to provide discovery materials. 4. Generic Motion for Continuance based on Newly Discovered Evidence: This motion is used when a party uncovers new evidence that can significantly impact the outcome of the arbitration. The party must demonstrate that the evidence was discovered after the scheduled hearing date was set and explain its relevance to the case. 5. Generic Motion for Continuance due to Settlement Negotiations: This motion is filed when parties are engaged in active settlement negotiations and require additional time to explore the possibility of resolving the dispute outside of arbitration. It is essential to demonstrate that there is a genuine effort to reach a settlement and provide a timeline for the negotiations. When filing any of these motions, it is essential to include a Notice of Motion, which is a formal written request, notifying the other party, arbitrator(s), and the tribunal of the intention to file the motion and the upcoming hearing date. The Notice of Motion should clearly state the type of motion being filed and the reasons supporting the request for a continuance. Overall, the Guam Generic Motion for Continuance and Notice of Motion in an Arbitration Matter allows parties involved in an arbitration proceeding to request a postponement or rescheduling of hearings or other proceedings. By providing relevant and compelling reasons supporting the motion, individuals can ensure fair and efficient resolution of their dispute.
