§220529 — Title 36 Patriotic and National Observances | U.S. Code

Summary

If someone is unhappy with a corporation decision under the corporation’s rules, they can ask the corporation’s chosen arbitration provider to review it. The request for arbitration must be filed within 30 days of the corporation’s decision. The arbitration group will notify the parties and start the process under its commercial rules in effect when the request is filed. The hearing will have at least 3 arbitrators unless everyone agrees to fewer, will be held where the arbitration group picks unless the parties pick another place, and will be open to the public. Decisions are by majority unless the parties require a unanimous vote. Each side can use a lawyer or other representative. Parties may offer any evidence and must give more if the arbitrators ask; the arbitrators decide what is relevant and formal evidence rules do not have to be followed. The arbitrators can reach a settlement before a final award if the parties agree and it fits the corporation’s constitution and bylaws. A final arbitrator decision is binding so long as it is not inconsistent with that constitution and those bylaws. Hearings can be reopened before a final decision by the arbitrators on their own or if a party asks. If reopening would push the decision past a time everyone agreed to at the start, every party must agree to reopen.

Title 36, §220529

Patriotic and National Observances — Source: USLM XML via OLRC

(a)A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider designated by the corporation under section 220522(a)(4).

(b)(1)A demand for arbitration must be submitted within 30 days after the determination of the corporation.

(2)On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time the demand is filed, except that—

(A)the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number;

(B)the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and

(C)the arbitration hearing shall be open to the public.

(3)A decision by the arbitrators shall be by majority vote unless the concurrence of all arbitrators is expressly required by the contesting parties.

(4)Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding.

(5)The parties may offer any evidence they desire and shall produce any additional evidence the arbitrators believe is necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary.

(c)The arbitrators may settle a dispute arising under this chapter before making a final award, if agreed to by the parties and achieved in a manner not inconsistent with the constitution and bylaws of the corporation.

(d)Final decision of the arbitrators is binding on the parties if the award is not inconsistent with the constitution and bylaws of the corporation.

(e)(1)At any time before a final decision is made, the hearings may be reopened by the arbitrators on their own motion or on the motion of a party.

(2)If the reopening is based on the motion of a party, and if the reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed to at the beginning of the arbitration proceedings, all parties to the decision must agree to reopen the hearings.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 220529(a)36:395(c)(1) (1st sentence).Sept. 21, 1950, ch. 975, title II, § 205(c), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3057. 220529(b)(1)36:395(c)(1) (2d sentence). 220529(b)(2)36:395(c)(1) (last sentence). 220529(b)(3)36:395(c)(4). 220529(b)(4)36:395(c)(3) (1st sentence). 220529(b)(5)36:395(c)(3) (2d, last sentences). 220529(c)36:395(c)(2). 220529(d)36:395(c)(5). 220529(e)36:395(c)(6). In subsection (a), the reference to 36:391(c) is omitted because 36:391(c) is omitted as executed. See the revision note for section 220522 of the revised title. The words “may obtain review by” are substituted for “The right to review . . . shall be to” for clarity. In subsection (b)(2)(A) and (B), the word “mutually” is omitted as unnecessary. In subsection (b)(4), the word “duly” is omitted as unnecessary. In subsection (c), the words “in any arbitration”, “the provisions of”, “mutually”, and “to the proceeding” are omitted as unnecessary. In subsection (d), the word “involved” is omitted as unnecessary. In subsection (e), the word “contesting” is omitted as unnecessary. In subsection (e)(2), the words “the reopening is based on the motion of a party” are substituted for “any contesting party makes such a motion” for clarity.

Editorial Notes

Amendments

2020—Subsec. (a). Pub. L. 116–189 substituted “the arbitration and mediation provider designated by the corporation under section 220522(a)(4)” for “any regional office of the American Arbitration Association”.

§220529 Arbitration of Corporation Determinations