Which of the following is true about an arbitrator in a New York arbitration?

• A. The arbitrator must be sworn before hearing; parties have a right to be heard, present evidence, and cross-examine; not bound by rules of evidence; each party may be represented by counsel.
• B. The arbitrator must follow the same rules of evidence as a court.
• C. The arbitrator's decision is binding with no review.
• D. The arbitrator may not receive any witness testimony.

Answer: (A)

In New York arbitration, the arbitrator acts as a neutral decision-maker who can conduct the hearing with a flexible, practical approach. The arbitrator may administer an oath to witnesses, listen to testimony, and admit evidence, while allowing the parties to be heard and to cross-examine witnesses. Parties may be represented by counsel to present their case. Importantly, the rules of evidence in arbitration are not the same as in a court trial, reflecting the more informal nature of arbitration while still aiming for a fair result. The decision is binding, but it can be reviewed by a court on limited grounds, so there is not no review at all. Witness testimony is allowed, so the option that forbids receiving any testimony is incorrect.