Arbitrator

Arbitrator in United States

Arbitrator Definition

In practice. A private extraordinary judge, to whose decision matters -according to the definition of Arbitrator based on The Cyclopedic Law Dictionary– in controversy are referred by consent of the parties. Worcester. “Reference” is of frequent modern use as a synonym of “arbitrator,” but is in its origin of broader signification, and less accurate than arbitrator.

Legal Materials

A good background search on an arbitrator should include searches on the arbitrator’s name in relevant databases of arbitration awards (see “Arbitration, Mediation and Alternative Dispute Resolution”). A full search would also include searching the arbitrator’s name in relevant databases of (1) cases, (2) verdicts, (3) law review and law journal articles, (4) newspaper and magazine articles (5) trade journal articles and (6) pending law suits. In addition, check the Web and discussion groups for any postings. If possible, locate the arbitrator’s Web site.

For securities arbitrators, also check for disciplinary actions on Lexis in the National Association of Securities Dealers Disciplinary Actions (FEDSEC;DISCIP) and the National Financial Institutions Abstracted Disciplinary Actions and Sanctions (FEDSEC;SANCTION) databases, as well as the FINRA (formerly NASD) Disciplinary Actions, starting June 1, 2001. If you have a subscription, also search ARBchek.

For labor arbitrators, the leading resource is the Arbitrators’ Qualifications Reports, commonly known as “Simpson Sheets.” The Sheets provide background information and evaluations of each arbitrator listed. The Sheets are published by the R.C. Simpson company in hard copy and through the company web site. You can either purchase an annual subscription or buy individual sheets after paying a small retainer.

Another leading source for labor arbitrator bios is the “Arbitrator Directory” of the Labor Arbitration Information System, which is included in the LAIS-ARB-BIO database onWestlaw. This includes data on how the arbitrator has ruled in past cases.

In addition, basic biographical information on labor arbitrators is published in the BNA Labor Relations Reporter Selected Arbitrators’ Biographies, which is available in the BNA Labor and Employment Library (subscription only) and through Bloomberg Law.

Finally, Personnet arbitrator bios are available through Westlaw (ARB-BIO).

You can get statistics on how many cases the abitrator decided for management, the union or split from the LAIS Arbitrator Directory, as well as the Westlaw ARB-STAT database.

Ethics Rules: The American Arbitration Association posts The Code of Ethics for Arbitrators in Commercial Disputes. The American Bar Association posts the Model Standards of Conduct for Mediators. The National Arbitrators Associations posts theNAA Code of Professional Responsibility and related Advisory Opinions. The FINRA has an “Oath of Arbitrator.”

Arbitrator in Foreign Legal Encyclopedias

For starting research in the law of a foreign country:

Link Description
Arbitrator Arbitrator in the World Legal Encyclopedia.
Arbitrator Arbitrator in the European Legal Encyclopedia.
Arbitrator Arbitrator in the Asian Legal Encyclopedia.
Arbitrator Arbitrator in the UK Legal Encyclopedia.
Arbitrator Arbitrator in the Australian Legal Encyclopedia.

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See Also

Arbitration in this Legal Encyclopedia
Arbitration definition in the Law Dictionary
Arbitration
Mediation
Alternative Dispute Resolution
Federal Cases
Financial Industry Regulatory Authority (FINRA)
International Trade
Law Firms
Law Reviews
Law Journals
Pending Lawsuits
Legal Ethics
Professional Ethics
State Cases
Trade Journals
United Nations Commission on International Trade Law (UNCITRAL)
Verdicts
Settlements

Arbitrator: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Arbitrator. This part provides references, in relation to Arbitrator, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Arbitrator by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Arbitrator and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Arbitrator or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Arbitrator and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Arbitrator. Finding these decisions can be challenging. In many cases, researchers about Arbitrator should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Arbitrator when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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