Idaho Code
Idaho Code § 7-905 (2026)
Hearing.
✓ current as of May 2026
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Hearing.
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 (5) 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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 1982–2026 · leading case: Martel v. Bulotti, 65 P.3d 192 (Idaho 2003).
Martel v. Bulotti, 65 P.3d 192 (Idaho 2003). “I.C. § 7-905 states that if “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.”
Loomis, Inc. v. Cudahy, 656 P.2d 1359 (Idaho 1982). “I.C. § 7-905(a) provides that "[t]he arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.”
Carroll v. MBNA Am. Bank, 220 P.3d 1080 (Idaho 2009). “appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
Landmark v. Mader Agency, Inc., 878 P.2d 773 (Idaho 1994). “appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
Am. & Foreign Ins. Co. v. Reichert, 94 P.3d 699 (Idaho 2004). “appointed as a neutral, or corruption in any of the arbitrator’s, or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
Cady v. Allstate Ins., 747 P.2d 76 (Idaho Ct. App. 1987). “Once there she apparently was accorded the full and fair hearing required by I.C. § 7-905. Due process does not necessarily require judicial action, but may be satisfied by fair arbitration proceedings.”
Khalsa v. Ridnour (Idaho 2026). “appointed as a neutral, or corruption in any of the arbitrators, or misconduct prejudicing the rights of any party; (3) The arbitrators exceeded their powers; (4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
— Idaho Code § 7-905(a) — 1 case
Loomis, Inc. v. Cudahy, 656 P.2d 1359 (Idaho 1982). “I.C. § 7-905(a) provides that "[t]he arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear.”
— Idaho Code § 7-905(e) — 1 case
Martel v. Bulotti, 65 P.3d 192 (Idaho 2003). “I.C. § 7-905 states that if “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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