Unless otherwise provided by the agreement:
(a) 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.
(b) The parties are entitled to be heard, to present evidence material to the controversy and to cross-examine witnesses appearing at the hearing.
(c) 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.
(d) Upon the request of any party or arbitrator, the arbitrators shall cause to be made a record of the testimony and evidence introduced at the hearing.
HISTORY: 1978 Act No. 492, Section 5.
Structure South Carolina Code of Laws
Title 15 - Civil Remedies and Procedures
Chapter 48 - Uniform Arbitration Act
Section 15-48-10. Validity of arbitration agreement; exceptions from operation of chapter.
Section 15-48-20. Proceedings to compel or stay arbitration.
Section 15-48-30. Appointment of arbitrators.
Section 15-48-40. Majority action by arbitrators.
Section 15-48-50. Hearing; record thereof.
Section 15-48-60. Joinder of parties to arbitration.
Section 15-48-70. Representation by attorney.
Section 15-48-80. Witnesses; subpoenas; depositions.
Section 15-48-100. Change of award by arbitrators.
Section 15-48-110. Fees and expenses of arbitration.
Section 15-48-120. Confirmation of an award.
Section 15-48-130. Vacating an award.
Section 15-48-140. Modification or correction of award.
Section 15-48-150. Judgment or decree on award.
Section 15-48-160. Judgment roll; docketing.
Section 15-48-170. Applications to court.
Section 15-48-180. Court; jurisdiction; questions of law and fact.
Section 15-48-210. Chapter not retroactive.
Section 15-48-220. Mechanics liens not precluded.