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.
Nassau New York is a county located in the state of New York, United States. It is home to a diverse population and features a vibrant mix of suburban and urban areas. With its proximity to New York City, Nassau County offers easy access to a wide range of cultural, recreational, and business opportunities. In the context of a generic motion for continuance and notice of motion in an arbitration matter in Nassau New York, there may be different types based on the specific circumstances. Some of these types include: 1. Motion for Continuance due to scheduling conflicts: In this type of motion, one party requests a postponement of the arbitration proceedings due to a conflicting prior engagement or the unavailability of essential individuals involved in the arbitration process. The motion must include a detailed explanation of the scheduling conflict and the requested new date for the arbitration. 2. Motion for Continuance based on new evidence discovery: This type of motion seeks a delay in the arbitration proceedings because new evidence has been recently discovered and may need significant time to review and analyze its implications. The motion must present the nature and significance of the newly discovered evidence and how it may impact the outcome of the arbitration. 3. Motion for Continuance due to settlement negotiations: In some cases, parties involved in arbitration may wish to pursue settlement negotiations outside the arbitration process. In such situations, a motion for continuance can be filed to temporarily suspend the arbitration proceedings to allow for negotiations to take place. The motion should include details of the ongoing negotiations and a proposed timeline for their completion. 4. Notice of Motion to request Change of Venue: If one party believes that the arbitration should be moved to a different location within Nassau County, a notice of motion can be filed to request a change of venue. The motion must provide valid reasons for the requested change, such as convenience for the parties or witnesses, or ensuring a fair and impartial arbitration process. It is important to note that the specific requirements and procedures for filing a motion for continuance and notice of motion may vary depending on the rules and guidelines of the arbitration institution or governing body involved. Seeking legal advice or referring to relevant arbitration rules and regulations specific to Nassau County is recommended to ensure compliance and maximize the chances of a successful motion.
