Rule 3 (Effective February 1, 2021) (Effective February 1, 2021) Arbitrators
Rule Text
(a) List of Approved Arbitrators. The Administrator shall maintain a list of approved arbitrators, and the Committee shall adopt written standards for the appointment of the arbitrators. Such standards should ensure appropriate training and experience for arbitrators as well as diversity in the background and experience of the arbitrators. Arbitrators shall be appointed for terms of three years and may be reappointed. For good cause, the Committee may remove an arbitrator from the list of approved arbitrators, and may appoint a replacement member to serve the balance of the term of the removed member.
(b) Panels. The Administrator shall appoint panels from the list of approved arbitrators. For disputes involving $10,000 or more, the panel shall consist of three arbitrators of whom one shall be a nonlawyer member. For disputes involving less than $10,000, or in any case if the parties so stipulate, the panel shall consist of a sole arbitrator who shall be a lawyer. If the panel consists of three members, the Administrator shall designate one member to act as chair of the panel and to preside at the arbitration hearing.
(c) Conflicts of Interest. Within five days of the notification of appointment to a panel, an arbitrator shall notify the Administrator of any conflict of interest with a party to the arbitration as defined in the Wyoming Code of Judicial Conduct with respect to part-time judges. Upon notification of the conflict, the Administrator shall appoint a replacement from the list of approved arbitrators.
(d) Challenges for Cause. A party may challenge any arbitrator for cause. A challenge for cause naming the arbitrator and the reason for the challenge shall be filed within 15 days after service of the notice of appointment. An arbitrator shall accede to a reasonable challenge and the Administrator shall appoint a replacement. If an arbitrator does not voluntarily accede, the Chair shall decide whether to appoint a replacement. The decision of the Chair on challenges shall be final.
(e) Duties. The panel shall have the following powers and duties:
(1) to take and hear evidence pertaining to the proceeding;
(2) to administer oaths and affirmations;
(3) to compel, by subpoena, the attendance of witnesses and the production of books, papers, and documents pertaining to the proceeding, and consider challenges to the validity of subpoenas;
(4) to issue decisions; and
(5) to perform all acts necessary to conduct an effective arbitration hearing.
(f) Reimbursement of Expenses. Arbitrators shall be entitled to reimbursement by the Wyoming State Bar for reasonable travel, meals, lodging and other expenses incurred in the course of their official duties. (Added May 10, 2016, effective October 1, 2016; amended December 10, 2020, effective February 1, 2021.)