Section 21: Representation of Counsel.

Any party may be represented by Counsel. A party intending to be so represented shall notify the other party and the HBAGFV of the name and address of counsel at least three (3) days prior to the date set for the hearing at which counsel is first to appear. When an arbitration is initiated by counsel, or where any attorney replies for the other party, such notice is deemed to have been given.

Section 22: Stenographic Record.

The HBAGFV shall make the necessary arrangements for the taking of a stenographic record whenever such record is requested by a party. The requesting party or parties shall pay the cost of such record as provided in Section Forty Nine (49).

Section 23: Interpreter.

The HBAGFV shall make the necessary arrangements for the services of an interpreter upon the request of one or both parties, who shall assume the cost of such services.

Section 24: Attendance at Hearings.

Persons having a direct interest in the arbitration are entitled to attend hearings. The arbitrator shall otherwise have the power to require the retirement of any witnesses or witnesses during the testimony of other witnesses. It shall be discretionary with the arbitrator to determined the propriety of the attendance of any other persons.

Section 25: Adjournments.

The arbitrator may adjourn the hearing, and must make such adjournment when all parties agree hereto.

Section 26: Oaths.

Before proceeding with the first hearing or with the examination of the file, each arbitrator may take an oath of office, and, if required by law, shall do so. The arbitrator may require witnesses to testify under oath administered by any duly qualified person or, if required by law or demanded by either party, shall do so.

Section 27: Majority Decision.

Whenever there is more than one arbitrator, all decisions of the arbitrators must be by at least a majority. The award must also be made by at least a majority unless the concurrence of all is expressly required by the arbitration agreement or by law.

Section 28: Order of Proceedings.

A hearing shall be opened by the filing of the oath of the arbitrator, where required, and by the recording of the place, time and date of the hearing, the present of the arbitrator and parties, and counsel, if any, and by the receipt by the arbitrator of the statement of the claim and answer, if any.

The arbitrator may, at the beginning of the hearing, ask for statements clarifying the issues involved.

The complaining party shall then present its claims, proofs and witnesses, who shall submit to questions or other examination. The defending party shall then present its defenses, proofs and witnesses, who shall submit to questions or other examination. The arbitrator may vary this procedure but shall afford full and equal opportunity to the parties for the presentation of any material or relevant proofs.

Exhibits, when offered by either party, may be received in evidence by the arbitrator.

The names and addresses of all witnesses and exhibits in order received shall be made a part of the record.

Section 29: Arbitration in the Absence of a Party.

Unless the law provides to the contrary, the arbitration may proceed in the absence of any party, who, after due notice fails to be present or fails to obtain an adjournment. An award shall not be made solely on the default of a party. The arbitrator shall require the party who is present to submit such evidence as deemed necessary for the making of an award.

Section 30: Evidence.

The parties may offer such evidence as they desire and shall produce such additional evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. An arbitrator authorized by law to subpoena witnesses or documents may do so upon the request of any party or independently. The arbitrator shall be the judge of the admissibility of the evidence offered and conformity to legal rules of evidence shall not be necessary. All evidence shall be taken in the present of all of the arbitrator and all of the parties, except where any of the parties is absent in default or has waived his or her right to be present.

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