Page:United States Statutes at Large Volume 102 Part 5.djvu/653

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-702—NOV. 19, 1988

102 STAT. 4659

are being violated or whenever in its judgment good cause for such termination exists. "(b) Jury selection conducted pursuant to this section shall be subject to challenge under section 1867 of this title for substantial failure to comply with the provisions of this title in selecting the jury. However, no challenge under section 1867 of this title shall lie solely on the basis that a jury was selected in accordance with a n experiment conducted pursuant to this section.". (b) TECHNICAL.—The table of sections for chapter 121 is amended by adding a t the end thereof the following new item: "1878. Experimental use of a one«tep summoning and qualification procedure.".


(a) IN GENERAL.—Title 28, United States Code, is amended by inserting after chapter 43 the following new chapter:

"CHAPTER 44—ARBITRATION "Sec. "651. "652. "653. "654. "655. "656. "657. "658.

Authorization of arbitration. Jurisdiction. Powers of arbitrator; arbitration hearing. Arbitration award and judgment. Trial de novo. Certification of arbitrators. Compensation of arbitrators. District courts that may authorize arbitration.

"§ 651. Authorization of arbitration "(a) AUTHORITY OF CERTAIN DISTRICT COURTS.—E^ach United States district court described in section 658 may authorize by local rule the use of arbitration in any civil action, including an adversary proceeding in bankruptcy. A district court described in section 658(1) may refer any such action to arbitration as set forth in section 652(a). A district court described in section 658(2) may refer only such actions to arbitration as are set forth in section 652(a)(l)(A). "(b) TITLE 9 NOT AFFECTTED.—This chapter shall not afTect title 9.

"§ 652. Jurisdiction "(a) ACTIONS THAT MAY B E REFERRED TO ARBITRATION.—(1) Notwithstanding any provision of law to the contrary and except as provided in subsections (b) and (c) of this section, and section 901(c) of the Judicial Improvements and Access to Justice Act, a district court that authorizes arbitration under section 651 may— "(A) allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it If the parties consent to arbitration, and "(B) require the referral to arbitration of any civil action pending before it if the relief sought consists only of money damages not in excess of $100,000 or such lesser amount as the district court may set, exclusive of interest and costs. "(2) For purposes of paragraph (1)(B), a district court may presume damages are not in excess of $1()0,000 unless counsel certifies that damages exceed such amount.