Effective - 28 Aug 1980
435.370. Hearing. — Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered mail not less than five days before the hearing. Appearance at the hearing waives such notice. The arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.
(2) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(3) The hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.
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(L. 1980 H.B. 1203 § 5)
CROSS REFERENCE:
Contents of notification, 435.012
Structure Missouri Revised Statutes
Title XXVIII - Contracts and Contractual Relations
Section 435.012 - Notice, contents of, effect of insufficient notice.
Section 435.350 - Validity of arbitration agreement, exceptions.
Section 435.355 - Proceedings to compel or stay arbitration.
Section 435.360 - Appointment of arbitrators by court.
Section 435.365 - Majority action by arbitrators.
Section 435.375 - Representation by attorney.
Section 435.380 - Witnesses, subpoenas, depositions.
Section 435.390 - Change of award by arbitrators.
Section 435.395 - Fees and expenses of arbitration.
Section 435.400 - Confirmation of an award.
Section 435.405 - Vacating an award — de novo judicial review, when.
Section 435.410 - Modification or correction of award.
Section 435.420 - Judgment roll, docketing.
Section 435.425 - Applications to court.
Section 435.430 - Court, jurisdiction.
Section 435.445 - Act not retroactive.
Section 435.450 - Uniformity of interpretation.
Section 435.455 - Constitutionality.
Section 435.460 - Notice of arbitration provisions required.