Most state statues authorize an arbitrator to swear witnesses at an arbitration hearing and some go so far as to require it. When not compelled to swear witnesses, an arbitrator will typically defer to the parties’ preference as to whether witnesses will be asked to swear to tell the truth. If an arbitrator is not authorized to administer oaths or no oath is administered before the witness testifies, the witness could not be prosecuted for perjury (giving false testimony). Even when the witness swears to tell the truth and nonetheless lies in an arbitration, prosecution for perjury is unlikely.
