West Virginia Code § 55-10-17

Arbitration process
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(a) An arbitrator may conduct an arbitration in such manner as the arbitrator considers
appropriate for a fair and expeditious disposition of the proceeding. The authority conferred
upon the arbitrator includes the power to hold conferences with the parties to the
arbitration proceeding before the hearing and, among other matters, determine the
admissibility, relevance, materiality and weight of any evidence. e
(b) An arbitrator may decide a request for summary disposition of a claim or particular issue:
(1) If all interested parties agree; or u
(2) Upon request of one party to the arbitration proceeding if that party gives notice to all
other parties to the proceeding, and the other parties have a reasonable opportunity to
respond. a
(c) If an arbitrator orders a hearing, the arbitrator lshall set a time and place and give notice
of the hearing not less than five days before the hearing begins. Unless a party to the
arbitration proceeding makes an objection to lack or insufficiency of notice not later than the
beginning of the hearing, the party's appeairance at the hearing waives the objection. Upon
request of a party to the arbitration proceeding and for good cause shown, or upon the
arbitrator's own initiative, the arbitrator may adjourn the hearing, from time to time, as
necessary but may not postpone the hearing to a time later than that fixed by the agreement
to arbitrate for making the award unless the parties to the arbitration proceeding consent to
a later date. The arbitrator may hear and decide the controversy upon the evidence
produced although a party who was duly notified of the arbitration proceeding did not
appear. The court, on request, may direct the arbitrator to conduct the hearing promptly and
render a timely decision.
(d) At a hearing under subsection (c) of this section, a party to the arbitration proceeding
has a right to be heard, to present evidence material to the controversy and to cross examine
witnesses appearing at the hearing.
(e) If an arbitrator ceases or is unable to act during the arbitration proceeding, a
replacement arbitrator must be appointed in accordance with section thirteen of this article
to continue the proceeding and to resolve the controversy.

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