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 certified 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.
(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.
Effective: July 13, 1984
History: Created 1984 Ky. Acts ch. 278, sec. 5, effective July 13, 1984.
Notes of Decisions
The Kentucky Shakespeare Festival, Inc. v. Brantley Dunaway, 490 S.W.3d 691 (Ky. 2016).
· cites it 2× “” 4 Consequently, the fundamental due process provisions governing arbitration proceedings which are set forth in KRS 417.090 and KRS 417.100 may not directly apply to arbitration clauses in employment contracts.”
Dutschke v. Jim Russell Realtors, Inc., 281 S.W.3d 817 (Ky. Ct. App. 2008).
· cites it 2× “or appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
3d Enter. Contracting Corp. v. Lexington-Fayette Urban Cnty. Gov't, 134 S.W.3d 558 (Ky. 2004).
“or appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
Conagra Poultry Co. v. Grissom Transp., Inc., 186 S.W.3d 243 (Ky. Ct. App. 2006).
“ointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefore or refused to hear evidence…”
Meers v. Semonin Realtors, 525 S.W.3d 545 (Ky. Ct. App. 2017).
“or appointed-as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
Ison v. Robinson, 411 S.W.3d 766 (Ky. Ct. App. 2013).
“or appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
Wagner v. Drees Co., 422 S.W.3d 281 (Ky. Ct. App. 2013).
“In addition, the Wagners’ assertion that they were entitled to a hearing under the UAA is not well-taken, since the applicable provision of the UAA, KRS 417.090, confers upon the parties a right to be heard and cross-examine witnesses, “[u]nless otherwise provided by the…”
Graham v. Wall, 938 S.W.2d 892 (Ky. Ct. App. 1997).
· cites it 3× “KRS 417.090 provides that: 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 certified mail not less than five (5) days before the hearing.”
Warren v. Tacher, 114 F. Supp. 2d 600 (W.D. Ky. 2000).
“The FAA and KRS 417.090 do not contain a mandatory hearing procedure, but permit the parties to agree on applicable procedures in their arbitration agreement.”
The Kentucky Shakespeare Festival, Inc. v. Brantley Dunaway (Ky. 2016).
· cites it 2× “" 4 Consequently, the fundamental due process provisions governing arbitration proceedings which are set forth in KRS 417.090 and KRS 417.100 may not directly apply to arbitration clauses in employment contracts.”
Sarah Williams v. H&B Dev., LLC (Ky. Ct. App. 2024).
“ppointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party; (c) The arbitrators exceeded their powers; -7- (d) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear…”
— Ky. Rev. Stat. § 417.090(2) — 1 case
Graham v. Wall, 938 S.W.2d 892 (Ky. Ct. App. 1997).
“KRS 417.090 provides that: 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 certified mail not less than five (5) days before the hearing.”
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