[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR251.36]

[Page 559]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                                CONGRESS
 
PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE--Table of Contents
 
                     Subpart D--Standards of Conduct
 
Sec. 251.36  Pre-arbitration and post-arbitration employment restrictions.

    (a) The Librarian of Congress will not select any arbitrator who was 
employed at any time during the period of five years immediately 
preceding the date of that arbitrator's selection by any party to, or 
any person, organization or entity with a financial interest in, the 
proceeding for which he or she is being considered. However, a listed 
arbitrator may disclose on the record the past employment causing 
disqualification and may ask the parties to consider whether to allow 
him or her to serve in the proceeding, in which case any agreement by 
the parties to allow the listed arbitrator to serve shall be unanimous 
and shall be incorporated into the record of the proceeding.
    (b) No arbitrator may arrange for future employment with any party 
to, or any person, organization, or entity with a financial interest in, 
the proceeding in which he or she is serving.
    (c) For a period of three years from the date of submission of the 
arbitration panel's report to the Librarian, no arbitrator may enter 
into employment with any party to, or any person, organization, or 
entity with a financial interest in, the particular proceeding in which 
he or she served.
    (d) For purposes of this section, ``employed'' or ``employment'' 
means any business relationship involving the provision of personal 
services including, but not limited to, personal services as an officer, 
director, employee, agent, attorney, consultant, contractor, general 
partner or trustee, but does not include serving as an arbitrator, 
mediator, or neutral engaged in alternative dispute resolution.