U.S. Code » Title 5 » Part PART I— THE AGENCIES GENERALLY › Chapter CHAPTER 5— ADMINISTRATIVE PROCEDURE › Subchapter SUBCHAPTER IV— ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS

5 U.S.C. § 577

Arbitrators

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(a) The parties to an arbitration proceeding shall be entitled to participate in the selection of the arbitrator.(b) The arbitrator shall be a neutral who meets the criteria of section 573 of this title.(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 587; renumbered § 577 and amended Pub. L. 102–354, § 3(b)(2), (3), Aug. 26, 1992, 106 Stat. 944, 945.)Editorial NotesAmendments

1992—Pub. L. 102–354, § 3(b)(2), renumbered section 587 of this title as this section.

Subsec. (b). Pub. L. 102–354, § 3(b)(3), substituted “section 573” for “section 583”.

Notes of Decisions
Cited in 5 cases, 1980–2019 · leading case: Cayuga Nation v. Bernhardt
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Cayuga Nation v. Bernhardt (2019) cadc · cites it 3× “But, Air Traffic Controllers dealt with a hearing which was required to be conducted in accordance with 5 U.S.C. § 577 . 685 F.2d at 561 . And, under § 577(d), ex parte communications between an agency and an interested person are prohibited.”
Federal Trade Commission v. Standard Oil Co. (1980) scotus · cites it 2× “Either party to the adjudication may appeal an adverse decision of the administrative law judge to the full Commission, 5 U. S. C. § 577 ; 16 CFR § 3.52 (1980); see 15 U.”
United States v. Sf Green Clean, LLC (2016) ca9 “SF Green Clean argues, among other contentions, that it did not have the opportunity to participate in the selection of the arbitrator as required by the Administrative Dispute Resolution Act, 5 U.S.C. § 577 . However, SF Green Clean had an opportunity to participate in the…”
Pennington v. United States Postal Service (1980) cadc “The Commission therefore, pursuant to 5 U.S.C. § 577 (b) (1976) and 39 C.F.R. § 3001.”
Cayuga Nation v. Zinke (2019) dcd “5 U.S.C. § 577 (d)(A), (B). But, § 577(d) applies only “when a hearing is required to be conducted in accordance with section 556 of this title.”
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