§651. Authorization of arbitration

(a) Authority of Certain District Courts.-Each 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)(1)(A).

(b) Title 9 Not Affected.-This chapter shall not affect title 9.

(Added Pub. L. 100–702, title IX, §901(a), Nov. 19, 1988, 102 Stat. 4659 .)

Effective Date

Section 907 of title IX of Pub. L. 100–702 provided that: "This title and the amendments made by this title [enacting this chapter and provisions set out as notes under this section and section 652 of this title] shall take effect 180 days after the date of enactment of this Act [Nov. 19, 1988]."

Section 906 of Pub. L. 100–702, as amended by Pub. L. 103–192, §1(a), Dec. 14, 1993, 107 Stat. 2292 , provided that, effective Dec. 31, 1994, this chapter and the item relating to this chapter in the table of chapters at the beginning of part III of this title were repealed, prior to repeal by Pub. L. 103–420, §3(b), Oct. 25, 1994, 108 Stat. 4345 .

Section 2 of Pub. L. 103–192 provided that this chapter and the item relating to this chapter in the table of chapters at the beginning of part III of this title continued on or after Dec. 14, 1993, as if they had not been repealed by section 906 of Pub. L. 100–702, formerly set out above, as such section was in effect on the day before Dec. 14, 1993.

Model Procedures

Section 902 of title IX of Pub. L. 100–702 provided that: "The Judicial Conference of the United States may develop model rules relating to procedures for arbitration under chapter 44, as added by section 901 of this Act. No model rule may supersede any provision of such chapter 44, this title [enacting this chapter and provisions set out as notes under this section and section 652 of this title], or any law of the United States."

Reports by Director of Administrative Office of United States Courts and by Federal Judicial Center

Section 903 of Pub. L. 100–702 provided that:

"(a) Annual Report by Director of Administrative Office of the United States Courts.-The Director of the Administrative Office of the United States Courts shall include in the annual report of the activities of the Administrative Office required under section 604(a)(3) [28 U.S.C. 604(a)(3)], statistical information about the implementation of chapter 44, as added by section 901 of this Act.

"(b) Report by Federal Judicial Center.-Not later than 5 years after the date of enactment of this Act [Nov. 19, 1988], the Federal Judicial Center, in consultation with the Director of the Administrative Office of the United States Courts, shall submit to the Congress a report on the implementation of chapter 44, as added by section 901 of this Act, which shall include the following:

"(1) A description of the arbitration programs authorized by such chapter, as conceived and as implemented in the judicial districts in which such programs are authorized.

"(2) A determination of the level of satisfaction with the arbitration programs in those judicial districts by a sampling of court personnel, attorneys, and litigants whose cases have been referred to arbitration.

"(3) A summary of those program features that can be identified as being related to program acceptance both within and across judicial districts.

"(4) A description of the levels of satisfaction relative to the cost per hearing of each program.

"(5) Recommendations to the Congress on whether to terminate or continue chapter 44, or, alternatively, to enact an arbitration provision in title 28, United States Code, authorizing arbitration in all Federal district courts."

Effect on Judicial Rulemaking Powers

Section 904 of title IX of Pub. L. 100–702 provided that: "Nothing in this title [enacting this chapter and provisions set out as notes under this section and section 652 of this title], or in chapter 44, as added by section 901 of this Act, is intended to abridge, modify, or enlarge the rule making powers of the Federal judiciary."

Authorization of Appropriations

Section 905 of Pub. L. 100–702, as amended by Pub. L. 103–192, §1(b), Dec. 14, 1993, 107 Stat. 2292 ; Pub. L. 103–420, §3(a), Oct. 25, 1994, 108 Stat. 4345 , provided that: "There are authorized to be appropriated for each of the fiscal years 1994 through 1997 to the judicial branch such sums as may be necessary to carry out the purposes of chapter 44, as added by section 901 of this Act. Funds appropriated under this section shall be allocated by the Administrative Office of the United States Courts to Federal judicial districts and the Federal Judicial Center. The funds so appropriated are authorized to remain available until expended."

Section Referred to in Other Sections

This section is referred to in section 652 of this title.