Page:United States Statutes at Large Volume 102 Part 5.djvu/654

 102 STAT. 4660

PUBLIC LAW 100-702—NOV. 19, 1988 "(b) ACTIONS THAT MAY NOT B E REFERRED WITHOUT CONSENT OF

PARTIES.—Referral to arbitration under subsection (a)(l)(B) may not be made— "(1) of an action based on an alleged violation of a right secured by the Constitution of the United States, or "(2) if jurisdiction is based in whole or in part on section 1343 of this title. "(c) EXCEPTIONS FROM ARBITRATION.—Each district court shall establish by local rule procedures for exempting, sua sponte or on motion of a party, any case from arbitration in which the objectives of arbitration would not be realized— "(1) because the case involves complex or novel legal issues, "(2) because legal issues predominate over factual issues, or "(3) for other good cause. "(d) SAFEGUARDS IN CONSENT CASES.—In any civil action in which arbitration by consent is allowed under subsection (a)(l)(A), the district court shall by local rule establish procedures to ensure that— "(1) consent to arbitration is freely and knowingly obtained, and "(2) no party or attorney is prejudiced for refusing to participate in arbitration. "§ 653. Powers of arbitrator; arbitration hearing "(a) POWERS.—An arbitrator to whom an action is referred under section 652 shall have, within the judicial district of the district court which referred the action to arbitration, the power— "(1) to conduct arbitration hearings, "(2) to administer oaths and affirmations, and "(3) to make awards. "(b) TIME FOR BEGINNING ARBITRATION HEARING.—An arbitration hearing under this chapter shall begin within a time period specified by the district court, but in no event later than 180 days after the filing of an answer, except that the arbitration proceeding shall not, in the absence of the consent of the parties, commence until 30 days after the disposition by the district court of any motion to dismiss the complaint, motion for judgment on the pleadings, motion to join necessary parties, or motion for summary judgment, if the motion was filed during a time period specified by the district court. The 180-day and 30-day periods specified in the preceding sentence may be modified by the court for good cause shown. "(c) SUBPOENAS.—Rule 45 of the Federal Rules of Civil Procedure (relating to subpoenas) applies to subpoenas for the attendance of witnesses and the production of documentary evidence at an arbitration hearing under this chapter. "§ 654. Arbitration award and judgment "(a) FiliNG AND EFFECT OF ARBITRATION AWARD.—An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall, promptly after the arbitration hearing is concluded, be filed with the clerk of the district court that referred the case to arbitration. Such award shall be entered as the judgment of the court after the time has expired for requesting a trial de novo under section 655. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment

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