PRIA, Government Policy, Made Personal

Summary

Arbitrators chosen under section 654 can, inside the same federal district that sent the case to arbitration, hold hearings, give oaths or affirmations, and issue awards or decisions. Each district court must set rules to certify arbitrators and then certify them. Those rules must require the oath in section 453 and follow the disqualification rules in section 455. Arbitrators act in a judge-like role and have the legal immunity and protections that go with that role.

Title 28, §655

Judiciary and Judicial Procedure, Source: USLM XML via OLRC

(a)Powers of Arbitrators.—

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)Standards for Certification.—

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)

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

(c)Immunity.—

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