Title 36 — Patriotic and National Observances, Ceremonies, and Organizations
Part B · Chapter 2205 — United States Olympic and Paralympic Committee
§ 220529. Arbitration of corporation determinations
Statutory text
Right to Review.—
A party aggrieved by a determination of the corporation under section 220527 or 220528 of this title may obtain review by the arbitration and mediation provider designated by the corporation under section 220522(a)(4).
Procedure.—
A demand for arbitration must be submitted within 30 days after the determination of the corporation.
On receipt of a demand for arbitration, the Association shall serve notice on the parties to the arbitration and on the corporation, and shall immediately proceed with arbitration according to the commercial rules of the Association in effect at the time the demand is filed, except that—
the arbitration panel shall consist of at least 3 arbitrators, unless the parties to the proceeding agree to a lesser number;
the arbitration hearing shall take place at a site selected by the Association, unless the parties to the proceeding agree to the use of another site; and
the arbitration hearing shall be open to the public.
A decision by the arbitrators shall be by majority vote unless the concurrence of all arbitrators is expressly required by the contesting parties.
Each party may be represented by counsel or by any other authorized representative at the arbitration proceeding.
The parties may offer any evidence they desire and shall produce any additional evidence the arbitrators believe is necessary to an understanding and determination of the dispute. The arbitrators shall be the sole judges of the relevancy and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary.
Settlement.—
The arbitrators may settle a dispute arising under this chapter before making a final award, if agreed to by the parties and achieved in a manner not inconsistent with the constitution and bylaws of the corporation.
Binding Nature of Decision.—
Final decision of the arbitrators is binding on the parties if the award is not inconsistent with the constitution and bylaws of the corporation.
Reopening Hearings.—
At any time before a final decision is made, the hearings may be reopened by the arbitrators on their own motion or on the motion of a party.
If the reopening is based on the motion of a party, and if the reopening would result in the arbitrators’ decision being delayed beyond the specific period agreed to at the beginning of the arbitration proceedings, all parties to the decision must agree to reopen the hearings.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 105–225 · 112 Stat. 1253
Enacted · 36 U.S.C. § 220529
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1478
Source evidence
Code source credit
Pub. L. 105–225, Aug. 12, 1998, 112 Stat. 1478Empowering Olympic, Paralympic, and Amateur Athletes Act of 2020
Pub. L. 116–189 § 7(e) · 134 Stat. 943
Substituted · 36 U.S.C. § 220529(a)
Pub. L. 116–189 substituted “the arbitration and mediation provider designated by the corporation under section 220522(a)(4)” for “any regional office of the American Arbitration Association”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 116–189 substituted “the arbitration and mediation provider designated by the corporation under section 220522(a)(4)” for “any regional office of the American Arbitration Association”.Enacted provision · exact public law section
(e) Arbitration of Corporation Determinations.— Section 220529(a) of title 36, United States Code, is amended by striking “any regional office of the American Arbitration Association” and inserting “the arbitration and mediation provider designated by the corporation under section 220522(a)(4)”.
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 220529(a) | 36:395(c)(1) (1st sentence). | Sept. 21, 1950, ch. 975, title II, § 205(c), as added Nov. 8, 1978, Pub. L. 95–606, § 2, 92 Stat. 3057. |
| 220529(b)(1) | 36:395(c)(1) (2d sentence). | |
| 220529(b)(2) | 36:395(c)(1) (last sentence). | |
| 220529(b)(3) | 36:395(c)(4). | |
| 220529(b)(4) | 36:395(c)(3) (1st sentence). | |
| 220529(b)(5) | 36:395(c)(3) (2d, last sentences). | |
| 220529(c) | 36:395(c)(2). | |
| 220529(d) | 36:395(c)(5). | |
| 220529(e) | 36:395(c)(6). | |
In subsection (a), the reference to 36:391(c) is omitted because 36:391(c) is omitted as executed. See the revision note for section 220522 of the revised title. The words “may obtain review by” are substituted for “The right to review . . . shall be to” for clarity.
In subsection (b)(2)(A) and (B), the word “mutually” is omitted as unnecessary.
In subsection (b)(4), the word “duly” is omitted as unnecessary.
In subsection (c), the words “in any arbitration”, “the provisions of”, “mutually”, and “to the proceeding” are omitted as unnecessary.
In subsection (d), the word “involved” is omitted as unnecessary.
In subsection (e), the word “contesting” is omitted as unnecessary.
In subsection (e)(2), the words “the reopening is based on the motion of a party” are substituted for “any contesting party makes such a motion” for clarity.
Editorial Notes
Amendments
2020—Subsec. (a). Pub. L. 116–189 substituted “the arbitration and mediation provider designated by the corporation under section 220522(a)(4)” for “any regional office of the American Arbitration Association”.
Credits
1998–2020 · 2 acts
- 1998Pub. L. 105–225, , 112 Stat. 1478
- 2020Pub. L. 116–189, § 7(e), , 134 Stat. 960.
Show as published
(Pub. L. 105–225, , 112 Stat. 1478; Pub. L. 116–189, § 7(e), , 134 Stat. 960.)