1 "(b) An individual may be certified to serve as an

2 arbitrator under this chapter if

3

4

5

6

7

8

9

10

"(1) he has been for at least five years a member of

the bar of the highest court of a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or the Canal Zone, and is admitted to practice before the certifying court; and

"(2) he is determined by the certifying court to be competent to perform the duties of an arbitrator.

"(c) An arbitrator may hold no full-time civil or mili11 tary office or employment under the United States. An ar

12

bitrator is a special Government employee within the mean

13 ing of section 202 of title 18 and shall not be barred from 14 the practice of law by operation of a code of ethics except

15

as he is restricted from doing so as such a special Govern16 ment employee and except that no arbitrator or partner or 17 associate of an arbitrator may act as agent or attorney for 18 any party in a matter in which the arbitrator participated as arbitrator.

19

20

"(d) Each individual certified as an arbitrator under 21 this section shall take the oath or affirmation prescribed by 22 section 453 before serving as an arbitrator.

23

"(e) Each certification shall be entered on record in the 24 court and notice of the certification shall be given at once 25 by the clerk of that court to the Director.

1

"(f) Certification of an arbitrator shall be for a period

.

2 of four years unless sooner withdrawn by order of a major

3ity of the active judges of the court.

4 "8643. Compensation and expenses of arbitrators

5

"(a) Arbitrators shall receive as full compensation for

6 their services a fee determined by the district court not to 7 exceed $50 for each case in which they serve. The fee shall 8 be paid by or pursuant to the order of the Director.

9 "(b) Under regulations prescribed by the Director and 10 approved by the Judicial Conference, the Director shall re11 imburse arbitrators for actual expenses necessarily incurred 12 by them in the performance of their duties under this chap

13 ter. Reimbursement may be made, at rates not exceeding 14 those prescribed by the regulations, for expenses incurred 15 by arbitrators for clerical and secretarial assistance, sta16 tionery, telephone and other communications services, travel, 17 and such other expenses as may be determined to be neces18 sary for the proper performance of the duties of such arbitra19 tors, except that no reimbursement shall be made for all or 20 any portion of the expense incurred by arbitrators for the 21 procurement of office space.

22 "§ 644. Jurisdiction and powers of arbitrators

23

"(a) Notwithstanding any provision of law to the con

24 trary, if the court authorizes arbitration under section 641,

1 the court shall refer to arbitration any civil action pending

2 before it if

"(1) the United States is a party, and—

"(A) the action is of a type that the Attorney General has provided by regulation shall be sub

mitted to arbitration; or

"(B) the action is brought pursuant to section 2 of the Act of August 24, 1935, as amended (40 U.S.C. 270b), the United States has no monetary interest in the claim, and the relief sought

"(i) consists only of money damages not in excess of $50,000, exclusive of interest and

costs; or

"(ii) consists in part of money damages not in excess of $50,000, exclusive of interest and costs, and the court determines in its discretion that any nonmonetary claims are insubstantial;

or

"(2) the United States is not a party, and—

"(A) the parties consent to arbitration and the relief sought consists only of money damages; or

"(B) (i) the relief sought

"(a) consists only of money damages not in excess of $50,000, exclusive of interest and

costs; or

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

on

"(b) consists in part of money damages not in excess of $50,000, exclusive of interest and

costs, and the court determines in its discretion

that any nonmonetary claims are insubstantial; and

“(ii) jurisdiction is based in whole or in part

"(a) section 1331 of this title and the action is brought pursuant to section 20 of the Act of March 4, 1915, as amended (46 U.S.C. 688);

"(b) section 1331 or 1332 of this title and the action is based on a negotiable instrument

or a contract; or

"(c) section 1332 or 1333 of this title and

the action is for personal injury or property

damage.

"(b) Arbitrators to whom actions are referred pursuant 19 to this chapter shall have within the territorial jurisdiction 20 of the court the power to conduct arbitration hearings and 21 make awards as provided in this chapter and in such rules 22 consistent with the provisions of this chapter as may be 23 promulgated by the court for the conduct of arbitration 24 proceedings.

1 "§ 645. Referral to arbitration

7

2 "(a) (1) Actions subject to arbitration pursuant to this 3 chapter, other than those described in section 644 (a) (1) 4 (B) (ii) or 644 (a) (2) (B) (i) (b), shall be held by the 5 clerk of the court for twenty days after the filing of the 6 answer. If, by the expiration of that time, a party has filed a motion for judgment on the pleadings, summary judg8 ment, or similar relief, the clerk shall refer the action to arbi9 tration only after the court has ruled on the motion. If, by 10 the expiration of that time, a party has initiated discovery 11 proceedings, the clerk shall refer the action to arbitration 12 upon notification to the clerk that discovery has been com13 pleted or upon the expiration of one hundred and twenty 14 days from the filing of the answer, whichever occurs earlier. 15 If, by the expiration of that time, no party has filed a motion 16 for judgment on the pleadings, summary judgment, or 17 similar relief, the clerk promptly shall refer the action to 18 arbitration, and in no event more than one hundred and 19 twenty days after the filing of the answer.

20

"(2) The court may return an action described in 21 section 644 (a) (1) (B) (ii) or 644 (a) (2) (B) (1) (b) for 22 arbitration if at any time before the commencement of trial 23 the court determines that the nonmonetary claims in the 24 case are insubstantial and returns the case to the clerk with