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.
A Texas Generic Motion for Continuance and Notice of Motion in an Arbitration Matter is a legal document filed by a party involved in an arbitration case in Texas. This motion allows a party to request a postponement or delay of the arbitration proceedings for various reasons, such as the need for additional time to prepare the case, the unavailability of a key witness, or any other valid grounds for continuance. The purpose of this motion is to ensure that all parties have a fair and adequate opportunity to present their case and to maintain the integrity of the arbitration process. It is important to note that the specific rules and procedures regarding motions for continuance in arbitration matters may vary depending on the arbitral institution or the specific arbitration agreement. In Texas, there are different types of Generic Motions for Continuance and Notice of Motion in an Arbitration Matter that can be filed, including: 1. Generic Motion for Continuance: This motion is filed when a party requests a general postponement of the arbitration proceedings due to valid reasons, such as the need for additional time to gather evidence, consult with witnesses, or secure legal representation. The party must provide a detailed explanation for the need of a continuance and demonstrate that it is not done for dilatory purposes. 2. Generic Motion for Continuance Based on Unavailability of Key Witness: This motion is specific to situations where a vital witness, whose testimony is essential to the case, becomes unavailable for reasons such as illness, unavailability, or any other circumstance that prevents their appearance. The party must provide evidence supporting the unavailability and explain why the witness's testimony is crucial to their case. 3. Generic Motion for Continuance Based on Newly Discovered Evidence: This motion is filed when a party discovers new evidence that is relevant and material to the case after the arbitration proceedings have begun. The party must demonstrate that this evidence could not have been discovered earlier through reasonable diligence and explain how it impacts their case. The party should also provide a clear argument as to why a continuance is necessary to ensure a fair trial. 4. Generic Motion for Continuance Due to Settlement Discussions: This motion is filed when the parties are engaged in settlement discussions, and there is a mutual understanding that arbitration proceedings should be postponed until the settlement negotiations are concluded. The motion must indicate that both parties agree to the continuance and demonstrate how it serves the interests of justice and efficiency. It is essential to consult with a qualified attorney experienced in Texas arbitration laws to determine the specific requirements and procedures for filing a Generic Motion for Continuance and Notice of Motion in an Arbitration Matter, as the process can vary depending on the jurisdiction and the specific rules of the arbitration agreement.
