J. MILLARD TAWES, Governor                        245

or when an arbitrator appointed fails or is unable to act and his
successor has not been duly appointed, the court on application of a
party shall appoint one or more arbitrators. An arbitrator so ap-
pointed has all the powers of one specifically named in the agreement,
4.

The powers of the arbitrators may be exercised by a majority
unless otherwise provided by the agreement or by this article.

5.

(a)    Unless it is otherwise provided by the agreement:

(b)    The arbitrators shall appoint a time and place for the hearing
and cause notification to the parties to be served personally or by
registered mail not less than five days before the hearing. Appear-
ance at the hearing waives such notice. The arbitrators may adjourn
the hearing from time to time as necessary and, on request of a
party and for good cause, or upon their own motion may postpone
the hearing to a time not later than the date fixed by the agreement
for making the award unless the parties consent to a later date. The
arbitrators may hear and determine the controversy upon the evi-
dence produced notwithstanding the failure of a party duly notified
to appear. The court on application may direct the arbitrators to
proceed promptly with the hearing and determination of the con-
troversy.

(c)    The parties are entitled to be heard, to present evidence
material to the controversy and to cross-examine witnesses appearing
at the hearing. The arbitrators shall not be bound by the technical
rules of evidence.

(d)    The hearing shall be conducted by all the arbitrators but a
majority may determine any question and render a final award. If,
during the course of the hearing, an arbitrator for any reason ceases
to act, the remaining arbitrator or arbitrators appointed to act as
neutrals may continue with the hearing and determination of the
controversy.

6.

A party has the right to be represented by an attorney at any
proceeding or hearing under this article. A waiver thereof prior to
the proceeding or hearing is ineffective.

7.

(a)    The arbitrators may issue subpoenas for the attendance of
witnesses and for the production of books, records, documents and
other evidence, and shall have the power to administer oaths. Any
witness shall be sworn upon the request of any party or at the in-
stance of a majority of the arbitrators. Subpoenas so issued shall be
served, and upon application to the court by a party or the arbi-
trators, enforced, in the manner provided by law for the service and
enforcement of subpoenas in a civil action.

(b)    On application of a party and for use as evidence, the arbi-
trators may permit a deposition to be taken, in the manner and upon
the terms designated by the arbitrators, of a witness who cannot be
subpoenaed or is unable to attend the hearing.