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28 U.S.C. § 654 — Arbitration

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 654 — Arbitration

**(a) Referral of Actions to Arbitration.—** Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where— (1) the action is based on an alleged violation of a right secured by the Constitution of the United States; (2) jurisdiction is based in whole or in part on [section 1343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1343&num=0&edition=prelim); or (3) the relief sought consists of money damages in an amount greater than $150,000. **(b) Safeguards in Consent Cases.—** Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a)— (1) consent to arbitration is freely and knowingly obtained; and (2) no party or attorney is prejudiced for refusing to participate in arbitration. **(c) Presumptions.—** For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount. **(d) Existing Programs.—** Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section 11 So in original. The word “section” probably should not appear. title IX of the Judicial Improvements and Access to Justice Act (Public Law 100–702), as amended

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Stable record: federal_law:legal_authorities:record_usc_28673e55fb12111c4172b9d3
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Source location: Title 28, Chapter 44, § 654; chapter-044-alternative-dispute-resolution.md

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**(a) Referral of Actions to Arbitration.—** Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (including any adversary proceeding in bankruptcy) pending before it when the parties consent, except that referral to arbitration may not be made where— (1) the action is based on an alleged violation of a right secured by the Constitution of the United States; (2) jurisdiction is based in whole or in part on [section 1343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1343&num=0&edition=prelim); or (3) the relief sought consists of money damages in an amount greater than $150,000. **(b) Safeguards in Consent Cases.—** Until such time as rules are adopted under chapter 131 of this title relating to procedures described in this subsection, the district court shall, by local rule adopted under section 2071(a), establish procedures to ensure that any civil action in which arbitration by consent is allowed under subsection (a)— (1) consent to arbitration is freely and knowingly obtained; and (2) no party or attorney is prejudiced for refusing to participate in arbitration. **(c) Presumptions.—** For purposes of subsection (a)(3), a district court may presume damages are not in excess of $150,000 unless counsel certifies that damages exceed such amount. **(d) Existing Programs.—** Nothing in this chapter is deemed to affect any program in which arbitration is conducted pursuant to section 11 So in original. The word “section” probably should not appear. title IX of the Judicial Improvements and Access to Justice Act (Public Law 100–702), as amended by section 1 of Public Law 105–53.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 1343 — Civil rights and elective franchise

**(a)** The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in [section 1985 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1985&num=0&edition=prelim); (2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in [section 1985 of Title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1985&num=0&edition=prelim) which he had knowledge were about to occur and power to prevent; (3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; (4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote. **(b)** For purposes of this section— (1) the District of Columbia shall be considered to be a State; and (2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 651 — Authorization of alternative dispute resolution

**(a) Definition.—** For purposes of this chapter, an alternative dispute resolution process includes any process or procedure, other than an adjudication by a presiding judge, in which a neutral third party participates to assist in the resolution of issues in controversy, through processes such as early neutral evaluation, mediation, minitrial, and arbitration as provided in sections 654 through 658. **(b) Authority.—** Each United States district court shall authorize, by local rule adopted under section 2071(a), the use of alternative dispute resolution processes in all civil actions, including adversary proceedings in bankruptcy, in accordance with this chapter, except that the use of arbitration may be authorized only as provided in section 654. Each United States district court shall devise and implement its own alternative dispute resolution program, by local rule adopted under section 2071(a), to encourage and promote the use of alternative dispute resolution in its district. **(c) Existing Alternative Dispute Resolution Programs.—** In those courts where an alternative dispute resolution program is in place on the date of the enactment of the Alternative Dispute Resolution Act of 1998, the court shall examine the effectiveness of that program and adopt such improvements to the program as are consistent with the provisions and purposes of this chapter. **(d) Administration of Alternative Dispute Resolution Programs.—** Each United States district court shall designate an employee, or a judicial officer, who is knowledgeable in alternative dispute resolution practices and processes to implement, administer, oversee, and evaluate the court’s alternative dispute resolution program. Such person may also be responsible for recruiting, screening, and training atto

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Federal law — U.S. Code and appendices · legal_authorities

21 U.S.C. § 337 — Proceedings in name of United States; provision as to subpoenas

**(a)** Except as provided in subsection (b), all such proceedings for the enforcement, or to restrain violations, of this chapter shall be by and in the name of the United States. Subpoenas for witnesses who are required to attend a court of the United States, in any district, may run into any other district in any proceeding under this section. **(b)** (1) A State may bring in its own name and within its jurisdiction proceedings for the civil enforcement, or to restrain violations, of section 341, 343(b), 343(c), 343(d), 343(e), 343(f), 343(g), 343(h), 343(i), 343(k), 343(q), or 343(r) of this title if the food that is the subject of the proceedings is located in the State. (2) No proceeding may be commenced by a State under paragraph (1)— (A) before 30 days after the State has given notice to the Secretary that the State intends to bring such proceeding, (B) before 90 days after the State has given notice to the Secretary of such intent if the Secretary has, within such 30 days, commenced an informal or formal enforcement action pertaining to the food which would be the subject of such proceeding, or (C) if the Secretary is diligently prosecuting a proceeding in court pertaining to such food, has settled such proceeding, or has settled the informal or formal enforcement action pertaining to such food. In any court proceeding described in subparagraph (C), a State may intervene as a matter of right.

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Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 654 — Arbitration

Page 318 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 654 1 So in original. The word ‘‘section’’ probably should not ap- pear. serve as neutrals in alternative dispute resolu- tion processes, professional neutrals from the private sector, and persons who have been trained to serve as neutrals in alternative dis- pute resolution processes. Until such time as rules are adopted under chapter 131 of this title relating to the disqualification of neutrals, each district court shall issue rules under section 2071(a) relating to the disqualification of neutrals (including, where appropriate, disquali- fication under section 455 of this title, other ap- plicable law, and professional responsibility standards). (Added Pub. L. 100–702, title IX, § 901(a), Nov. 19, 1988, 102 Stat. 4660; amended Pub. L. 105–315, § 5, Oct. 30, 1998, 112 Stat. 2995.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–315 amended section generally, sub- stituting provisions relating to neutrals in alternative dispute resolution process for provisions relating to powers of arbitrator and arbitration hearing. § 654. Arbitration (a) REFERRAL OF ACTIONS TO ARBITRATION.— Notwithstanding any provision of law to the contrary and except as provided in subsections (a), (b), and (c) of section 652 and subsection (d) of this section, a district court may allow the referral to arbitration of any civil action (in- cluding any adversary proceeding in bank- ruptcy) pending before it when the parties con- sent, except that referral to arbitration may not be made where— (1) the action is based on an alleged viola- tion of a right secured by the Constitution of the United States; (2) jurisdiction is based in whole or in part on section 1343 of this title; or (3) the relief sought consists of mon

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