Page:United States Statutes at Large Volume 102 Part 5.djvu/656

 102 STAT. 4662

PUBLIC LAW 100-702—NOV. 19, 1988

"(4) Any rule under this subsection shall provide that no penalty for demanding a trial de novo, other than that provided in this subsection, shall be assessed by the court. "(e) ASSESSMENT OP COSTS AND ATTORNEY FEES.—In any trial de novo demanded under subsection (a) in which arbitration was done by consent of the parties, a district court may assess costs, as provided in section 1920 of this title, and reasonable attorney fees against the party demanding the trial de novo if— "(1) such party fails to obtain a judgment, exclusive of interest and costs, in the court which is substantially more favorable to such party than the arbitration award, and "(2) the court determines that the party's conduct in seeking a trial de novo was in bad faith. '*§ 656. Certification of arbitrators "(a) STANDARDS FOR CERTIFICATION.—Each district court listed in section 658 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 of section 455. "(b) TREATMENT OF ARBITRATOR AS INDEPENDENT CONTRACTOR AND SPECIAL GTOVERNMENT EMPLOYEE.—An arbitrator is an independent

contractor and is subject to the provisions of sections 201 through 211 of title 18 to the same extent as such provisions apply to a special Government employee of the executive branch. A person may not be barred from the practice of law because such person is an arbitrator. "§ 657. Compensation of arbitrators "(a) COMPENSATION.—The district court may, subject to limits set by the Judicial Conference of the United States, establish and pay the amount of compensation, if any, that each arbitrator shall receive for services rendered in each case. "(b) TRANSPORTATION ALLOWANCES.—Under regulations prescribed by the Director of the Administrative Office of the United States (Dourts, a district court may reimburse arbitrators for actual transportation expenses necessarily incurred in the performance of duties under this chapter.

State listing.

"§ 658. District courts that may authorize arbitration "The district courts for the following judicial districts may authorize the use of arbitration under this chapter: "(1) Northern District of California, Middle District of Florida, Western District of Michigan, Western District of Missouri, District of New Jersey, Eastern District of New York, Middle District of North Carolina, Western District of Oklahoma, Eastern District of Pennsylvania, and Western District of Texas. "(2) Ten additional judicial districts, which shall be approved by the Judicial Conference of the United States. The Judicial (jonference shall give notice of the 10 districts approved under this paragraph to the Federal Judicial Center and to the public".

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