(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality, and weight of any evidence.
(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:
(1) If all interested parties agree; or
(2) Upon request of one party to the arbitration proceeding if that party gives notice to all other parties to the proceeding, and the other parties have a reasonable opportunity to respond.
(c)(1) If an arbitrator orders a hearing, the arbitrator shall set a time and place and give notice of the hearing not less than 5 days before the hearing begins. Unless a party to the arbitration proceeding makes an objection to lack or insufficiency of notice not later than the beginning of the hearing, the party’s appearance at the hearing waives the objection.
(2) Upon request of a party to the arbitration proceeding and for good cause shown, or upon the arbitrator’s own initiative, the arbitrator may adjourn the hearing from time to time, as necessary, but may not postpone the hearing to a time later than that fixed by the agreement to arbitrate for making the award unless the parties to the arbitration proceeding consent to a later date.
(3) The arbitrator may hear and decide the controversy upon the evidence produced although a party who was duly notified of the arbitration proceeding did not appear.
(4) The court, on request, may direct the arbitrator to conduct the hearing promptly and render a timely decision.
(d) At a hearing under subsection (c) of this section, a party to the arbitration proceeding has a right to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement arbitrator shall be appointed in accordance with § 16-4411 to continue the proceeding and to resolve the controversy.
(Feb. 27, 2008, D.C. Law 17-111, § 2(b), 55 DCR 1847.)
This section is referenced in § 16-4409, § 16-4413, and § 16-4423.
Uniform Law: This section is based upon § 15 of the Uniform Arbitration Act (2000).
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 44 - Arbitration; Revised Uniform Act
§ 16–4403. When chapter applies
§ 16–4404. Effect of agreement to arbitrate; nonwaivable provisions
§ 16–4405. Application for judicial relief
§ 16–4406. Validity of agreement to arbitrate
§ 16–4407. Motion to compel or stay arbitration
§ 16–4408. Provisional remedies
§ 16–4409. Initiation of arbitration
§ 16–4410. Consolidation of separate arbitration proceedings
§ 16–4411. Appointment of arbitrator; service as a neutral arbitrator
§ 16–4412. Disclosure by arbitrator
§ 16–4414. Immunity of arbitrator; competency to testify; attorney’s fees and costs
§ 16–4415. Arbitration process
§ 16–4416. Representation by lawyer
§ 16–4417. Witnesses; subpoenas; depositions; discovery
§ 16–4418. Judicial enforcement of preaward ruling by arbitrator
§ 16–4420. Change of award by arbitrator
§ 16–4421. Remedies; fees and expenses of arbitration proceeding
§ 16–4422. Confirmation of award
§ 16–4424. Modification or correction of award
§ 16–4425. Judgment on award; attorney’s fees and litigation expenses
§ 16–4428. Uniformity of application and construction
§ 16–4429. Relationship to Electronic Signatures in Global and National Commerce Act
§ 16–4430. Regulation of arbitration organizations