Whereas, the CDS wishes to have an expeditious, effective and fair dispute resolution process; and
Whereas, the SC is primarily constituted as a court of appeal; and
Whereas, the CDS has provision for arbitration of disputes; and
Whereas, arbitration, with a right of appeal, is the preferred method for resolving disputes in the CDS;
1. The SC shall create a roll of CDS arbitrators; any CDS citizen willing to serve as an arbitrator shall submit their name and a brief statement of qualifications to the SC; any person reasonably qualified to serve as an arbitrator, with balanced consideration given to personal and professional qualifications, without requiring any specific qualification, shall be placed on the roll of arbitrators;
2. The SC shall publish and maintain a reasonably current roll of arbitrators;
3. Unless the parties object to arbitration in their filing papers, submitted to the SC in accordance with the then-existing legal procedures, arbitration shall be mandatory;
4. The parties may agree to an arbitrator by selecting one, by mutual agreement, from the published roll of arbitrators; the selected arbitrator, if available and willing, shall arbitrate the case;
5. If the parties do not or cannot agree to an arbitrator, the Dean of the SC shall appoint an arbitrator from the roll of arbitrators; arbitrators shall be sequentially appointed, in alphabetical order, from the roll of arbitrators;
6. If a party objects to the appointed arbitrator, or if an appointed arbitrator is unwilling or unable to serve, the Dean of the SC shall appoint a new arbitrator as provided in paragraph 5; each party shall have one, and only one, disqualification right; no party may disqualify an arbitrator after the arbitrator has made a decision, including procedural or preliminary decisions, in the case;
7. Arbitration of the case is a substitute for trial of the case by a member of the SC; the final decision of the arbitrator shall be appealable, for any reason, to the SC; any preliminary decision of the arbitrator may be appealled to the SC, but the SC has the discretion to refuse to hear the appeal of any preliminary, non-final ruling, order, or decision of the arbitrator;
8. Unless the parties agree to a longer period, all arbitrations shall be heard and decided by the arbitrator within two months of arbitrator appointment;
9. Unless the parties agree otherwise, all arbitrations shall be conducted in public and inworld at the Praetorium in Colonia Nova at a time mutually agreeable to the parties and at a time when the Praetorium is not in official use by any agency or branch of the CDS government;
10. The arbitrator shall take and maintain a transcript of all arbitration hearings, including preliminary hearings and the arbitration, and shall transmit this transcript to the Dean of the SC; this transcript shall serve as the record for any appeal to the SC; further these transcripts may be published, in whole or in part, by the SC at the SC's sole discretion; published portions of such transcript shall serve as the Common Law of the CDS and shall be binding authority in future arbitrations or trials under the precedential principles of Anglo-American Common Law; and
11. Both the RA and the SC shall have to power to remove any person from the roll of arbitrators for any reason; service as an arbitrator is a privilege of citizenship, not a right of citizenship; removal of an arbitrator shall be on majority vote of either the SC or the RA; any person removed from the roll of arbitrators shall be reappointed only upon majority vote of the branch of government that voted for removal.
Beathan
