2 AAC 12.976 - Conduct of arbitration

(a) The parties shall exchange copies of all exhibits they intend to introduce at least five business days before the arbitration, and shall provide each arbitrator with a complete copy of the proposed exhibits.

(b) The parties shall each make a brief opening argument at the start of the arbitration.

(c) The contractor shall present its evidence in support of the claim. The agency shall then present its evidence opposing the claim and in support of any counterclaim. If a counterclaim is presented, the contractor may present rebuttal evidence.

(d) The parties may cross-examine opposing witnesses. The arbitrator may ask questions of witnesses and of the parties or their representatives at any time.

(e) Following presentation of the evidence, the parties shall each present a brief closing argument and shall specify the relief requested.

(f) The arbitrator shall declare the record on the claim closed when the arbitrator is satisfied that the presentations of the parties are complete.

(g) If the arbitrator requests documents or briefs to be filed following the arbitration, the record on the claim shall be declared closed as of the final date set by the arbitrator for receipt of the documents or briefs.

(h) The time in which, under AS 36.30.695(b), the arbitrator must issue a decision begins to run on the day after the date the record on the claim is declared closed.

(i) The arbitrator may vary the procedures in this section, and may limit the time allowed for any of these procedures, if each party is given a fair opportunity to present its case.

Notes

2 AAC 12.976

Eff. 5/26/2004, Register 170

Authority:AS 36.30.040

AS 36.30.695

AS 36.30.870