29 C.F.R. § 1440.1

Arbitration of pesticide data disputes

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(a) Persons requesting the appointment of an arbitrator under section 3(c)(1)(D)(ii) and section 3(c)(2)(B)(iii) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136, as amended), shall send such requests in writing to the appropriate American Arbitration Association Regional Office. Such requests must include the names, addresses, and telephone numbers of the parties to the dispute; issue(s) in dispute, the amount in dollars or any other remedy sought; sufficient facts to show that the statutory waiting period has passed, and the appropriate fee provided in the Fee Schedule.

(b) For the purpose of compliance with the Federal Insecticide, Fungicide, and Rodenticide Act (hereinafter “the Act”), the roster of arbitrators maintained by the Federal Mediation and Conciliation Service shall be the roster of commercial arbitrators maintained by the American Arbitration Association. Under this Act, arbitrators will be appointed from that roster. The fees of the American Arbitration Association shall apply, and the procedure and rules of the Federal Mediation and Conciliation Service, applicable to arbitration proceedings under the Act, shall be the FIFRA arbitration rules of the American Arbitration Association, which are hereby made a part of this regulation.

Notes of Decisions

Cited in 3 cases, 1981–2009 · leading case: Syngenta Crop Prot., Inc. v. Drexel Chem. Co., 655 F. Supp. 2d 54 (D.D.C. 2009).

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Syngenta Crop Prot., Inc. v. Drexel Chem. Co., 655 F. Supp. 2d 54 (D.D.C. 2009). “See 29 C.F.R. § 1440.1 ; 29 C.F.R. Pt. 1440, App.”

Mobay Chem. Corp. v. Costle, 517 F. Supp. 254 (W.D. Pa. 1981). “See 29 C.F.R. § 1440.1 (1980). 12 Under FIFRA and the regulations, the rules of the Federal Mediation and Conciliation Service apply to the selection of the arbitrator and to the arbitration proceedings.”

SRM Chem. Ltd. v. Fed. Mediation & Conciliation Serv., 355 F. Supp. 2d 373 (D.D.C. 2005). “See 29 C.F.R. § 1440.1 . FMCS thereby adopted AAA’s commercial arbitration rules, including the following rule: “If the arbitration agreement does not specify the number of Arbitrators, the dispute shall be heard and determined by one Arbitrator, unless the AAA in its…”

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