Page:United States Statutes at Large Volume 104 Part 4.djvu/426

 104 STAT. 2742 PUBLIC LAW 101-552—NOV. 15, 1990 "§ 585. Authorization of arbitration "(a)(1) Arbitration may be used as an alternative means of dispute resolution whenever all parties consent. Consent may be obtained either before or after an issue in controversy has arisen. A party may agree to— "(A) submit only certain issues in controversy to arbitration; or "(B) arbitration on the condition that the award must be within a range of possible outcomes. "(2) Any arbitration agreement that sets forth the subject matter submitted to the arbitrator shall be in writing. "(3) An agency may not require any person to consent to arbitration as a condition of entering into a contract or obtaining a benefit. "(b) An officer or employee of an Eigency may offer to use arbitration for the resolution of issues in controversy, if such officer or employee— "(1) has authority to enter into a settlement concerning the matter; or "(2) is otherwise specifically authorized by the agency to consent to the use of arbitration. "§ 586. Enforcement of arbitration agreements "An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to section 4 of title 9, and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party. " §587. Arbitrators "(a) The parties to an arbitration proceeding shall be entitled to participate in the selection of the arbitrator. "(b) The arbitrator shall be a neutral who meets the criteria of section 583 of this title. "§ 588. Authority of the arbitrator "An arbitrator to whom a dispute is referred under this subchapter may— "(1) regulate the course of and conduct arbitral hearings; "(2) administer oaths and affirmations; "(3) compel the attendance of witnesses and production of evidence at the hearing under the provisions of section 7 of title 9 only to the extent the agency involved is otherwise authorized bylawtodoso;and "(4) make awards. "§ 589. Arbitration proceedings "(a) The arbitrator shall set a time and place for the hearing on the dispute and shall notify the parties not less than 5 days before the hearing. Records. "(b) Any party wishing a record of the hearing shall— "(1) be responsible for the preparation of such record; "(2) notify the other parties and the arbitrator of the preparation of such record; "(3) furnish copies to all identified parties and the arbitrator; and

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