§ 50-47. Hearing. - North Carolina Statutes

§ 50‑47.  Hearing.

Unless otherwise provided bythe parties' written agreement:

(1)        The arbitratorsshall appoint a time and place for the hearing and notify the parties or theircounsel by personal service or by registered or certified mail, return receiptrequested, not less than five days before the hearing. Appearance of a party atthe hearing waives any claim of deficiency of notice. The arbitrators mayadjourn the hearing from time to time as necessary and, on request of a partyand for good cause shown, or upon their own motion, may postpone the hearing toa time not later than the date fixed by the written agreement for making theaward unless the parties consent to a later date. The arbitrators may hear anddetermine the controversy upon the evidence produced notwithstanding thefailure of a party duly notified to appear. Upon application of a party, thecourt may direct the arbitrators to proceed promptly with the hearing anddetermination of the controversy.

(2)        The parties areentitled to be heard, to present evidence material to the controversy, and tocross‑examine witnesses appearing at the hearing.

(3)        All the arbitratorsshall conduct the hearing, but a majority may determine any question and mayrender a final award. If, during the course of the hearing, an arbitrator forany reason ceases to act, the remaining arbitrators appointed to act asneutrals may continue with the hearing and determination of the controversy.

(4)        Upon request of anyparty or at the election of any arbitrator, the arbitrators shall cause to bemade a record of testimony and evidence introduced at the hearing. Thearbitrators shall decide how the cost of the record will be apportioned. (1999‑185, s. 1; 2005‑187,s. 7.)