United States — North Carolina statutes and laws — page 30 | Esheria

United States — North Carolina Statutes

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  • United States — North Carolina

    § 1-567. 49. Determination of rules of procedure.

    1 provisions

    Parties may agree on arbitration procedure, otherwise the tribunal sets the rules, and the court may step in if the tribunal cannot decide. The tribunal can order discovery and decide evidence issues, and each party must prove the facts supporting its case.

  • United States — North Carolina

    § 1-567. 50. Place of arbitration.

    1 provisions

    The parties may choose the place of arbitration, and if they do not agree, the arbitral tribunal decides it. The tribunal may also meet elsewhere for consultations, hearings, or inspections unless the parties agree otherwise.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 50A. Consolidation.

    1 provisions

    A court may consolidate related arbitration proceedings if the required conditions are met, but it may not do so when the arbitration agreement prohibits consolidation.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 51. Commencement of arbitral proceedings.

    1 provisions

    Arbitral proceedings for a dispute start when a request to refer that dispute to arbitration is received by a party, unless the parties agreed otherwise or their agreed rules and procedures say otherwise.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 52. Language.

    1 provisions

    The parties may choose the language for arbitration, and if they do not agree, the arbitral tribunal decides.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 53. Statements of claim and defense.

    1 provisions

    The claimant and respondent must state their claims and defenses in the arbitration process, and the parties may submit supporting documents. Either party may later amend or supplement a claim or defense, subject to party agreement and tribunal discretion.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 55. Default of a party.

    1 provisions

    If a party defaults in an arbitration step without sufficient cause, the tribunal may terminate the case, keep going without treating a respondent’s default as an admission, or decide the case on the evidence before it.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 56. Expert appointed by arbitral tribunal.

    1 provisions

    The arbitral tribunal may appoint experts and may require a party to provide relevant information, documents, goods, or other property for inspection. The expert must also attend an oral hearing in certain circumstances, and the parties may question the expert and present expert witnesses.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 58. Rules applicable to substance of dispute.

    1 provisions

    The arbitral tribunal must decide the dispute using the parties’ chosen rules of law, or otherwise the law picked by applicable conflict-of-laws rules, and must follow the contract and trade usages. It may decide on fairness grounds only if expressly authorized.

  • United States — North Carolina

    § 1-567. 60. Settlement.

    1 provisions

    An arbitral tribunal may help the parties settle, and must end the proceedings and may record the settlement as an award if the dispute is settled.

    Act or statute Open & Chat
  • United States — North Carolina

    § 1-567. 62. Termination of proceedings.

    1 provisions

    Arbitral proceedings end when the final award is made or when the tribunal orders termination, and the tribunal must issue a termination order in specified cases.

    Act or statute Open & Chat