16. Arbitration process. (a) Discretion of arbitrator.-- An arbitrator may conduct an arbitration in a manner appropriate for a fair and expeditious
Pennsylvania Consolidated Statutes
Section: 732116
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 732116
§ 7321.16. Arbitration process. (a) Discretion of arbitrator.-- An arbitrator may conduct an arbitration in a manner 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) Summary disposition.-- 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 if the other parties have a reasonable
opportunity to respond. (c) Notice and hearing.-- If an arbitrator orders a hearing, the arbitrator shall set a time and place and give
notice of the hearing not less than five 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. 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 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. The arbitrator may hear and
decide the controversy upon the evidence produced although a party who was notified
of the arbitration proceeding did not appear. The court, on request, may direct the
arbitrator to conduct the hearing promptly and render a timely decision. (d) Procedure.-- At a hearing under subsection (c), 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) Replacement.-- If an arbitrator ceases or is unable to act during the arbitration proceeding, a replacement
arbitrator must be appointed in accordance with section 7321.12 (relating to appointment
of arbitrator; service as a neutral arbitrator) to continue the proceeding and to
resolve the controversy. (f) Location for arbitration hearing for consumer transactions.-- A hearing conducted under an arbitration agreement applicable to a consumer transaction
shall be held at a location reasonably convenient to the consumer. Cross References. Section 7321.16 is referred to in sections 7321.10, 7321.14, 7321.24, 7321.28, 7380
of this title.
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