§ 251.30 - Basic obligations of arbitrators.  


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  • (a) Definitions. For purposes of these regulations, the following terms shall have the meanings given in this subsection:

    (1) A “selected arbitrator” is a person named by the Librarian of Congress, or by other selected arbitrators, for service on a particular CARP, in accordance with § 251.6 of these regulations;

    (2) A “listed arbitrator” is a person named in the “arbitration list” published in accordance with § 251.3 of these regulations.

    (b) General principles applicable to arbitrators. Selected arbitrators are persons acting on behalf of the United States, and the following general principles apply to them. Where a situation is not covered by standards set forth specifically in this subpart, selected arbitrators shall apply these general principles in all cases in determining whether their conduct is proper. Listed arbitrators shall apply these principles where applicable.

    (1) Arbitrators are engaged in a matter of trust that requires them to place ethical and legal principles above private gain.

    (2) Arbitrators shall not hold financial interests that conflict with the conscientious performance of their service.

    (3) Arbitrators shall not engage in financial transactions using nonpublic information or allow the improper use of such information to further any private interest.

    (4) Selected arbitrators shall not solicit or accept any gift or other item of monetary value from any person or entity whose interests may be affected by the arbitrators’ decisions. Listed arbitrators may accept gifts of nominal value or gifts from friends and family as specified in § 251.34(b).

    (5) Arbitrators shall put forth their honest efforts in the performance of their service.

    (6) Arbitrators shall act impartially and not give preferential treatment to any individual, organization, or entity whose interests may be affected by the arbitrators’ decisions.

    (7) Arbitrators shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflicts with the performance of their service.

    (8) Arbitrators shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards set forth in this subpart.

    (9) Arbitrators shall maintain order and decorum in the proceedings, be patient, dignified, and courteous to the parties, witnesses, and their representatives, and dispose promptly the business before them.