435.370. Hearing.
Hearing.
435.370. Unless otherwise provided by the agreement:
(1) The arbitrators shall appoint a time and place for thehearing and cause notification to the parties to be servedpersonally or by registered mail not less than five days beforethe hearing. Appearance at the hearing waives such notice. Thearbitrators may adjourn the hearing from time to time asnecessary and, on request of a party and for good cause, or upontheir own motion may postpone the hearing to a time not laterthan the date fixed by the agreement for making the award unlessthe parties consent to a later date. The arbitrators may hearand determine the controversy upon the evidence producednotwithstanding the failure of a party duly notified to appear.The court on application may direct the arbitrators to proceedpromptly with the hearing and determination of the controversy.
(2) The parties are entitled to be heard, to presentevidence material to the controversy and to cross-examinewitnesses appearing at the hearing.
(3) The hearing shall be conducted by all the arbitratorsbut a majority may determine any question and render a finalaward. If, during the course of the hearing, an arbitrator forany reason ceases to act, the remaining arbitrator or arbitratorsappointed to act as neutrals may continue with the hearing anddetermination of the controversy.
(L. 1980 H.B. 1203 § 5)CROSS REFERENCE:
Contents of notification, RSMo 435.012