(a) All the arbitrators to an arbitration matter shall meet and act together during the hearing. A majority may determine any question.
(b) If any party fails to appear before the arbitrators or an umpire after reasonable notice, the arbitrators or umpire may nevertheless proceed to hear and determine the controversy upon the evidence which is produced before them.
(c) If a written agreement to arbitrate provides that two or more arbitrators therein designated or referred to may select or appoint a person or persons as an additional arbitrator or arbitrators or as an umpire, or if a person or persons are selected or appointed as a substitute arbitrator or arbitrators or umpire and any such selection or appointment is made after evidence has been taken in the arbitration, the matters shall be reheard, unless a rehearing is waived in the written agreement to arbitrate or by subsequent written consent of the parties.
(d) Before hearing any testimony or examining other evidence in the matter, the arbitrators and umpire shall be sworn to hear and examine the matter in controversy faithfully and fairly and to make a just award according to the best of their understanding, unless the oath is waived in writing by the parties to the arbitration agreement.
(e) Any arbitrator or an umpire may administer oaths to witnesses.
(1949 Rev., S. 8157; P.A. 82-160, S. 154.)
History: P.A. 82-160 rephrased the section and inserted Subsec. indicators.
See Sec. 1-24 re officers who are authorized to administer oaths.
After reasonable notice, arbitrators may proceed to hear and determine controversy ex parte. 138 C. 57. Cited. 142 C. 193. Decision rendered after ex parte hearing held valid. 152 C. 276. Cited. 157 C. 363; 163 C. 327; 171 C. 493. Waiver and estoppel discussed. 175 C. 24. Cited. 187 C. 228. Does not impose additional oath-taking requirements. 200 C. 91. Cited. 208 C. 352; 218 C. 646.
Oath provision of statute does not apply to members of State Board of Mediation and Arbitration. 3 CA 590. Cited. 16 CA 486; 26 CA 418; 28 CA 270; 32 CA 250.
Cited. 17 CS 15; 20 CS 47. Arbitrator can hear no testimony until he has been sworn. 19 CS 387.
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