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 or certified mail not less than ten 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; and
(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.
Arbitration proceedings shall take place in the county designated in section 25-403.01 unless the parties otherwise agree at a time subsequent to the arising of the controversy.
Notes of Decisions
Garlock v. 3DS Props., L. L.C., 930 N.W.2d 503 (Neb. 2019).
· cites it 2× “tor 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, refused to hear…”
Cinatl v. Prososki, 949 N.W.2d 505 (Neb. 2020).
· cites it 2× “Cinatl argues that because Prososki never asserted any affirmative defenses, the arbitrator should have rejected suggestions that Cinatl’s cause of action may be time barred or barred by estoppel.”
Aramark Unif. & Career Apparel, Inc. v. Hunan, Inc., 757 N.W.2d 205 (Neb. 2008).
“It also claimed the arbitrator exceeded his power by conducting the hearing in an improper venue under § 25-2606(c). Hunan also moved to transfer the case to the Hall County District Court.”
Damrow v. Murdoch, 739 N.W.2d 229 (Neb. Ct. App. 2007).
· cites it 19× “Section 25-2606 provides: 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 *928 personally or by registered or certified mail not less than ten days before the…”
Garlock v. 3DS Props., 303 Neb. 521 (Neb. 2019).
· cites it 2× “3DS PROPERTIES State v. Henderson 29 as a reason to refuse to enforce an arbitration award.”
Neb. Rev. Stat. § 25-2606(a): 1 case
Damrow v. Murdoch, 739 N.W.2d 229 (Neb. Ct. App. 2007).
“Section 25-2606 provides: 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 *928 personally or by registered or certified mail not less than ten days before the…”
Neb. Rev. Stat. § 25-2606(b): 1 case
Damrow v. Murdoch, 739 N.W.2d 229 (Neb. Ct. App. 2007).
“Section 25-2606 provides: 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 *928 personally or by registered or certified mail not less than ten days before the…”
Neb. Rev. Stat. § 25-2606(c): 1 case
Aramark Unif. & Career Apparel, Inc. v. Hunan, Inc., 757 N.W.2d 205 (Neb. 2008).
“It also claimed the arbitrator exceeded his power by conducting the hearing in an improper venue under § 25-2606(c). Hunan also moved to transfer the case to the Hall County District Court.”
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