§ 1-567.54 – Hearings and written proceedings.
1-567.54. Hearings and written proceedings. (a) Unless otherwise agreed by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. Unless the parties have agreed that no hearings shall […]
§ 1-567.55 – Default of a party.
1-567.55. Default of a party. Unless otherwise agreed by the parties, where, without showing sufficient cause: (1) The claimant fails to submit a statement of claim in accordance with G.S. 1-567.53(a), the arbitral tribunal shall terminate the proceedings; (2) The respondent fails to submit a statement of defense in accordance with G.S. 1-567.53(c), the arbitral […]
§ 1-567.56 – Expert appointed by arbitral tribunal.
1-567.56. Expert appointed by arbitral tribunal. (a) Unless otherwise agreed by the parties, the arbitral tribunal: (1) May appoint one or more experts to report to it on specific issues to be determined by the arbitral tribunal; (2) May require a party to give the expert any relevant information or to produce, or to provide […]
§ 1-567.57 – Court assistance in obtaining discovery and taking evidence.
1-567.57. Court assistance in obtaining discovery and taking evidence. (a) The arbitral tribunal or a party with the approval of the arbitral tribunal may request from the court assistance in obtaining discovery and taking evidence. The court may execute the request within its competence and according to its rules on discovery and taking evidence, and […]
§ 1-567.58 – Rules applicable to substance of dispute.
1-567.58. Rules applicable to substance of dispute. (a) The arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute. Any designation of the law or legal system of a given country or political subdivision thereof shall be construed, […]
§ 1-567.59 – Decision making by panel of arbitrators.
1-567.59. Decision making by panel of arbitrators. Unless otherwise agreed by the parties, in arbitral proceedings with more than one arbitrator, any decision of the arbitral tribunal shall be made by a majority of all its members. However, questions of procedure may be decided by a presiding arbitrator, if authorized by the parties or all […]
§ 1-567.60 – Settlement.
1-567.60. Settlement. (a) An arbitral tribunal may encourage settlement of the dispute and, with the agreement of the parties, may use mediation, conciliation, or other procedures at any time during the arbitral proceedings to encourage settlement. (b) If, during arbitral proceedings, the parties settle the dispute, the arbitral tribunal shall terminate the proceedings and, if […]
§ 1-567.51 – Commencement of arbitral proceedings.
1-567.51. Commencement of arbitral proceedings. Unless otherwise agreed by the parties or otherwise provided in the rules and procedures upon which the parties have agreed, the arbitral proceedings in respect of a particular dispute shall commence on the date on which a request for that dispute to be referred to arbitration is received by a […]
§ 1-567.52 – Language.
1-567.52. Language. (a) The parties may agree on the language or languages to be used in the arbitral proceedings. If the parties do not agree, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by […]
§ 1-567.53 – Statements of claim and defense.
1-567.53. Statements of claim and defense. (a) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting its claim, the points at issue and the relief or remedy sought, and the respondent shall state its defenses, counterclaims, or setoffs in respect of these […]