Page:United States Statutes at Large Volume 102 Part 5.djvu/655

 PUBLIC LAW 100-702—NOV. 19, 1988

102 STAT. 4661

shall not be subject to review in any other court by appeal or otherwise. "(b) SEAUNG OF ARBITRATION AWARD.—The district court shall provide by local rule that the contents of any arbitration award made under this chapter shall not be made known to any judge who might be assigned to the case— "(1) except as necessary for the court to determine whether to assess costs or attorney fees under section 655, "(2) until the district court has entered final judgment in the action or the action has been otherwise terminated, or "(3) except for purposes of preparing the report required by section 903(b) of the Judicial Improvements and Access to Justice Act. "(c) TAXATION OF COSTS.—The district court may by rule allow for the inclusion of costs as provided in section 1920 of this title as a part of the arbitration award. "§ 655. Trial de novo "(a) TIME FOR DEMAND.—Within 30 days after the filing of an arbitration award with a district court under section 654, any party may file a written demand for a trial de novo in the district court. "(b) RESTORATION TO COURT DOCKET.—Upon a demand for a trial de novo, the action shall be restored to the docket of the court and treated for all purposes as if it had not been referred to arbitration. In such a case, any right of trial by jury that a party otherwise would have had, as well as any place on the court calendar which is no later than that which a party otherwise would have had, are preserved. "(c) LIMITATION ON ADMISSION OF EVIDENCE.—The court shall not admit at the trial de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award, or any other matter concerning the conduct of the arbitration proceeding, unless— "(1) the evidence would otherwise be admissible in the court under the Federal Rules of Evidence, or "(2) the parties have otherwise stipulated. "(d)

TAXATION OF ARBITRATOR FEES AS COST.—(1)(A) A district

court may provide by rule that, in any trial de novo under this section, arbitrator fees paid under section 657 may be taxed as costs against the party demanding the trial de novo. "(B) Such rule may provide that a party demanding a trial de novo under subsection (a), other than the United States or its agencies or officers, shall deposit a sum equal to such arbitrator fees as advanced payment of such costs, unless the party is permitted to proceed in forma pauperis. "(2) Arbitrator fees shall not be taxed as costs under paragraph (1)(A), and any sum deposited under paragraph (1)(B) shall be returned to the party demanding the trial de novo, if— "(A) the party demanding the trial de novo obtains a final judgment more favorable than the arbitration award, or "(B) the court determines that the demand for the trial de novo was made for good cause. "(3) Any arbitrator fees taxed as costs under paragraph (1)(A), and any sum deposited under paragraph (1)(B) that is not returned to the party demanding the trial de novo, shall be paid to the Treasury of the United States.

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