{"jurisdiction": "us-ny", "code": "cplr", "section": "7506", "citation": "CPLR § 7506", "heading": "Hearing", "text": ["§ 7506. Hearing. (a) Oath of arbitrator. Before hearing any testimony, an arbitrator shall be sworn to hear and decide the controversy faithfully and fairly by an officer authorized to administer an oath.", "(b) Time and place. The arbitrator shall appoint a time and place for the hearing and notify the parties in writing personally or by registered or certified mail not less than eight days before the hearing. The arbitrator may adjourn or postpone the hearing. The court, upon application of any party, may direct the arbitrator to proceed promptly with the hearing and determination of the controversy.", "(c) Evidence. The parties are entitled to be heard, to present evidence and to cross-examine witnesses. Notwithstanding the failure of a party duly notified to appear, the arbitrator may hear and determine the controversy upon the evidence produced.", "(d) Representation by attorney. A party has the right to be represented by an attorney and may claim such right at any time as to any part of the arbitration or hearings which have not taken place. This right may not be waived. If a party is represented by an attorney, papers to be served on the party shall be served upon his attorney.", "(e) Determination by majority. The hearing shall be conducted by all the arbitrators, but a majority may determine any question and render an award.", "(f) Waiver. Except as provided in subdivision (d), a requirement of this section may be waived by written consent of the parties and it is waived if the parties continue with the arbitration without objection."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/7506", "from_official_api": true, "plain_english": "- **(a)** Before testimony, an authorized officer must **swear the arbitrator to decide faithfully and fairly**.\n- **(b)** The arbitrator sets the hearing and must give the parties written personal or registered/certified-mail notice **at least 8 days before it**. The arbitrator may postpone it; on a party’s request, the court may order prompt action.\n- **(c)** The **parties may be heard, present evidence, and cross-examine witnesses**. A properly notified party’s absence does not prevent a decision on the evidence presented.\n- **(d)** A party has a **nonwaivable right to an attorney** for any part not yet held and may claim it at any time. Papers for a represented party must go to the attorney. ★\n- **(e)** All arbitrators conduct the hearing, but a **majority may decide questions and make the award**.\n- **(f)** Except for the attorney right, parties may waive a requirement in writing and also waive it by continuing without objection.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/7506", "publisher": "Elyphived LLC"}