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This entry was published on 2014-09-22
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SECTION 7506
Hearing
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 75
§ 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.