§655 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

If a district court sends a case to arbitration under section 654, the arbitrator in that court’s district must be able to hold arbitration hearings, administer oaths, and issue awards. Each district court that allows arbitration must create rules to certify arbitrators and then certify them. The rules must require the arbitrator to take the oath in section 453 and follow the disqualification rules in section 455. Arbitrators act in a quasi-judicial role and have the same legal protections and immunities as others doing that kind of work.

Title 28, §655

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)An arbitrator to whom an action is referred under section 654 shall have the power, within the judicial district of the district court which referred the action to arbitration—

(1)to conduct arbitration hearings;

(2)to administer oaths and affirmations; and

(3)to make awards.

(b)Each district court that authorizes arbitration shall establish standards for the certification of arbitrators and shall certify arbitrators to perform services in accordance with such standards and this chapter. The standards shall include provisions requiring that any arbitrator—

(1)shall take the oath or affirmation described in section 453; and

(2)shall be subject to the disqualification rules under section 455.

(c)All individuals serving as arbitrators in an alternative dispute resolution program under this chapter are performing quasi-judicial functions and are entitled to the immunities and protections that the law accords to persons serving in such capacity.

Editorial Notes

Amendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to arbitrators for provisions relating to trial de novo.

§655 Arbitrators

Summary

Title 28, §655

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata