THE ARBITRATION PRACTICE ESTABLISHMENT ACT OF 2020
BE IT ENACTED BY THE STATE OF FIRESTONE CONGRESS HERE ASSEMBLED THAT:
SEC. 1. ESTABLISHMENT
(a) The lawful practice of ‘Arbitration’ shall be established.
(1) ‘Arbitration’, per this legislation, shall be defined as: the practice in which two party disputes are resolved not within the court of law through civil litigation, but through an ‘Arbitration Hearing’ conducted by an ‘Arbitrator’ who acts as an ‘neutral third-party’ to the dispute and in charge of rendering a decision, this being the ‘Arbitration Award’.
(2) An ‘Arbitration Hearing’ shall be recognized as: an official and legally binding hearing conducted by an ‘Arbitrator’ who is ultimately in charge of presiding and organizing such hearing. It is to be conducted privately and in accordance with the hearing procedures as defined further on this legislation.
(3) An ‘Arbitrator’ shall be recognized as: an individual with official and legal delegation to carry out ‘Arbitration Hearings’ and properly execute the necessary duties set forth by such position.
(4) An ‘Arbitration Award’ shall be recognized as: the outcome of an ‘Arbitration Hearing’ that is rendered and released by the ‘Arbitrator’ of that hearing. This award shall hold the ability to enforce reasonable action if legally binding. Whereas, this document shall hold legal recognition if the necessary circumstances are met and enforceable within the court of law. These documents can be overturned by the Firestone Courts if certain circumstances are properly met.
(5.1) The ‘necessary circumstances’ to enforce such award is if both parties, prior to hearing, formally and officially agreed to having this decision remain enforceable and legally binding, in which it must also be recognized by the ‘Arbitrator’.
(5.2) The ‘certain circumstances’ to have an ‘Arbitration Award’, in which it must be a legally binding one, overturned within the Firestone Courts is if: (1) clear bias was held by the Arbitrator, (2) general misconduct from the arbitrator occurred, (3) prejudice or lack of legal basis was utilized in the Arbitration Award, or (4) the action being taken pursuant to the award is unreasonable, unlawful, or unethical.
(5.2.1) ‘Bias’ by this legislation shall be defined as: the natural favoritism of one side rather than maintaining equity for both.
(5.2.2) ‘General Misconduct’ as prescribed by the afore section will be defined as: the creation of a disrespectful, hostile, unsafe, or unfair environment, this ‘environment’ being the place where an arbitration hearing is taking place. An error in procedure can also correlate to ‘General Misconduct’.
(5.2.3) ‘Prejudice’ by this legislation shall be defined as: the acknowledgement and usage of perceived opinion rather than proven fact. ‘Lack of legal basis’ by this legislation shall be defined as: An absence of the utility of legal principles or legal matter, such as statutory law, in place creating a dilemma in which it questions the legality or ‘legal standing’ of something.
(5.2.4) An ‘unreasonable action’, pursuant to this legislation, shall be defined as: an action that suggests an advantage for another party without proper legal basis. An ‘unlawful action’, pursuant to this legislation, shall be defined as: an action that suggests the execution of something unlawful, not permitted by the state’s current legislative circumstances, or outside the scope of the legally binding contract permitting the arbitration award to execute an action pertaining to both parties in civil dispute. An ‘unethical action’, pursuant to this legislation, shall be defined as: an action that is against one’s morality, in which it suggests that one party executes an action that is morally wrongful or embarrassing rather than neutral and a justifiable consequence.
(5.3) The ‘Firestone Courts’ shall be defined as all individuals a part of the Firestone Judicial Branch in which they hold the ability to preside over trial matters.
(5.4) Arbitrators are to be legally delegated as mentioned previously, the ‘Board of Legal Examiners’ shall hold the ability to bestow individuals pertaining to the state’s bar the ‘Arbitrator Certificate’ that will permit that individual to conduct the duties of an Arbitrator. Any member of the Judicial Branch shall be exempt from appointment and cannot receive one.
(5.5) Hereinafter, the ‘Board of Legal Examiners’ shall be recognized as the overseer of all Arbitrators and hence hold the ability to create a set of regulations, rules, policies, and other administrative documents that will be expected to be followed by official Arbitrators. The ‘Board of Legal Examiners’ shall have the ability to dismiss an Arbitrator from his or her duties for any plausible reason. This reason will be challenge-able within court as a part of one’s employment rights. Any enactments by the ‘Board of Legal Examiners’ to control, regulate, or provide assurance that each Arbitrator is acting appropriately shall determine whether the dismissal of such position is considered rightful or not. The term ‘appropriate’ may be interpreted further by the enactments themselves, a representative of the ‘Board of Legal Examiners’, or the presiding officer of the matter.
(5.6) The Arbitrator position shall be considered a ‘secondary’ position within the State of Firestone.
(5.7) Whilst the ‘Board of Legal Examiners’ can appoint Arbitrators, there cannot be more than six arbitrators within the State of Firestone. The board does not have to fulfill this value, but cannot exceed it. Any appointments that would suggest the exceeding of this value will be considered as nullified actions per this legislation.
(5.8) Arbitrators must act in their official capacity if they are either: (1) conducting a hearing, (2) partaking in any document’s drafting for release, or (3) creating a document involving arbitration or any other legal pertinent.
SEC. 2. ARBITRATION HEARINGS PROCEDURES
(a) The procedures for arbitration hearings shall be established.
(1.1) All arbitration hearings must occur in a closed environment to protect the nature of the hearing and prevent any external forces or entities to interfere with this process.
(1.2) Both parties of the dispute must be present before the initiation of the hearing. Both parties may sustain legal representation during the entirety of the hearing. Both parties must also agree to have the Arbitrator act as the neutral third-party of this matter through contract.
(1.3) Prior to the hearing engaging, the Arbitrator conducting the hearing must confirm the following through an official contract with both parties: (1) will the decision of this hearing remain legally binding or not legally binding, (2) is the venue of the hearing suitable for arbitration, (3) is there any legal representation present.
(1.3.1) If a situation requiring a ‘tiebreaker’ occurs during this process, both parties must deliberate on some agreement to remedy this tie.
(1.3.2) If both parties feel that the venue where the hearing is taking place is undesirable for arbitration, they must deliberate on a new venue that will fit for such.
(1.3.3) If legal representation is present in any party, the Arbitrator must confirm their representation to ensure such is ethical and willful.
(1.4) Once the above matter has been properly determined, the hearing shall be legally allowed to be conducted.
(1.5) The ‘petitioner’ of the dispute shall be recognized as the party or individual who brought forth the claim, violation, or any other accusation to the ‘respondent’ who shall be recognized as the party or individual responding to such matter.
(1.6) Whereas, the petitioner of the dispute shall give their argument first. Once they have yielded to the respondent of the dispute, the respondent shall give their argument in defense to the matter being disputed.
(1.7) These aforementioned arguments shall permit the usage of any form of evidence that is being used to prove the matter being accused on the respondent. No objections can be made and each party shall be given the fair attention and time to have their arguments presented adequately.
(1.8) Once both arguments have concluded, the arbitrator shall render a decision using only was said during the arguments and the current law circumstances. No outside information should inhibit the knowledge of the arbitrator to ensure this matter is approached justly.
(1.9) The decision of the hearing, this being the Arbitration Award shall be released to both parties in which it shall serve as the ‘verdict’ of the matter that was disputed, with action being taken upon the respondent if the Arbitrator finds that they did in fact commit the wrong(s) being disputed. This award can be used by the winning party within court if it was officially agreed to remain legally binding, henceforth being admissible in court. Non-legally binding awards do not hold any legality and simply serve as the ‘Arbitrator’s perspective’ of the matter and who would most likely win in a court setting. With the release of this award finished, the hearing would be considered concluded and settled within an arbitration setting.
(1.10) If both parties would like to propose an agreement on the dispute to settle such rather than having it dictated by this award, the Arbitrator must be inclined to hear such an agreement and have it recognized as an official settlement. Whereas, no award shall be created and the hearing shall be concluded with both parties in agreeance.
(1.11) If a party, at any time of the arbitration hearing, would like to exit such matter, the Arbitrator must comply with such request and end the hearing due to the party’s withdrawal from the hearing.
(1.12) Both parties of the dispute shall hold the ability to request to add an additional part or point to their argument to either reinforce, fix, or reiterate a certain aspect of their argument.
(1.13) The Arbitration Award must comply with current law, so if evidence that is against evidentiary standards set by the state for court procedure is present, that evidence should be noted as unreliable and not used during the creation of the award. An exception can be made if any party utilizes a form of character evidence or a deposition including a statement made by a witness or person with special knowledge of the dispute.
(1.14) Both parties, under this act, shall have the ability to challenge any arbitration award through civil litigation if it meets the necessary grounds listed in section 1, subsection a, part 5.2.
SEC. 3. ARBITRATION MEASURES
(a) All Arbitration Hearings and derived documents shall be protected.
(1) Whereas, all Arbitration Hearings must be sustained on some form of a record for safekeeping, in case any further evidence of the hearing is required to prove its existence.
(2) The intentional deletion of messages to provoke or mislead the Arbitrator during any arbitrational matter is prohibited, it can result in the hearing being rescind and required to be redone by both parties and having the award, if one is adopted, to be declared rescind as well.
(3) Any agreements made prior to the Arbitration Hearing shall be done through a contract to ensure it holds legality pursuant to ‘A Bill to Recognize Contracts’ and used as evidence to prove the agreements made by both parties.
(4) All Arbitration Awards are hereby protected under this act, whereas if they are altered during an evidence admission in court, it shall be considered as ‘tampering with evidence’ pursuant to ‘A Bill to Define Evidence Tampering’.
(5) All disputes, once handled properly by an Arbitrator, are considered final and that same dispute is no longer permitted to be re-disputed unless certain circumstances are met, in which they were listed previously in this legislation.
(6) All disputes must revolve around a civil accusation or claim, whereas criminal matter cannot be disputed through Arbitration under any circumstance.
(7) Legally binding Arbitration Awards, if revolving around the matter involving false arrest or citation, can suggest the Firestone Courts to grant expungement if the citation or arrest has been proven to be false through the legal practice of Arbitration.
SEC. 4. LEGISLATIVE MEASURES
(a) This legislation shall be proposed and docketed to the State of Firestone Legislature.
(1) Whereas, upon passage within both legislative chambers, this being the House of Representatives and Senate, and met with the official signature of the incumbent State of Firestone Governor, this legislation shall take immediate effect after its initial signature.
(2) This legislation shall hereby be enforced by Arbitrators, the State of Firestone Judicial Branch, the Board of Legal Examiners, and State of Firestone Governor.
CHIEF SPONSOR OF ABOVE LEGISLATION:
SerZhukov, Esq.
FIRESTONE HOUSE OF REPRESENTATIVES, REPRESENTATIVE
CO-SPONSORS OF ABOVE LEGISLATION:
thekerbal, Esq.
FIRESTONE DEPARTMENT OF JUSTICE, CHIEF PUBLIC DEFENDER
NotoriousAmerican
FIRESTONE HOUSE OF REPRESENTATIVES, SPEAKER PRO TEMPORE
1superchris2, Esq.
FIRESTONE DEPARTMENT OF JUSTICE, ATTORNEY GENERAL
Note: This legislation has been individually reviewed by all members of the current Judicial Branch.