Boxoffice (Oct-Dec 1940)

TEXT OF PROPOSED ROLES OF ARRITRATION AND APPEALS UNDER CONTEMPLATED DECREE New York — Complete text of the proposals for arbitration and appeals under the proposed decree as made public here by the department of justice: I. — -Initiation of Arbitration: An arbitration proceeding shall be initiated by filing with the Clerk of the Tribunal having jurisdiction (*) of the controversy a Demand for Arbitration and a submission as provided in subdivision 9 of Section XXII of the Decree, and by paying a filing fee of $10.00 to the Clerk of the Tribunal. The Demand for Arbitration shall be signed by the complainant and shall set forth; The name and address of the complaining party; the name and the address of each theatre involved in the controversy; the name and address of each exhibitor or distributor against whom complaint is made (hereafter sometimes referred to as a defending party); the name and address of each other exhibitor or distributor whose business or property it is believed by the complainant may be affected by an award in the proceeding; and a brief statement in simple language of the claim and the relief sought. At the same time a sufficient number of copies of the Demand shall be delivered by the complainant to the Clerk of the Tribunal for delivery to the defending parties and to the other exhibitors and distributors named in the Demand. The Clerk of the Tribunal shall forthwith deliver one copy to each defending party and to each such other exhibitor and distributor. Any defending party may, within seven days after the date on which the Clerk of the Tribunal delivered a copy of the Demand to such party, sign and file with the Clerk of the Tribunal a list giving the name and address of each exhibitor or distributor not named in the Demand whose business or property it is believed by such party may be affected by an award in the proceeding. The Clerk of the Tribunal shall forthwith deliver a copy of the Demand to each exhibitor and distributor named in any list filed by any defending party. Any exhibitor and distributor named either in the Demand or in any list filed by any defending party and any other exhibitor or distributor whose business or property may be affected by an award in the proceeding may at any time prior to the commencement of the first hearing intervene and thereby become a party to the proceeding by filing with the Clerk of the Tribunal a statement of his claim which shall set forth his interest as an intervener in the proceeding and a submission as provided in subdivision 9 of Section XXII of the Decree and by paying a filing fee of $10 to the Clerk of the Tribunal. Upon any exhibitor or distributor intervening as a party the Clerk of the Tribunal shall forthwith deliver to all parties notice of such intervention. Any party who intervenes more than 15 days after the filing of the Demand shall not be entitled to participate in the selection of the arbitrator. II. — Qualification of Arbitrators: No person shall be appointed a member of a Panel of Arbitrators established in accordance with the Decree who has any financial interest in, or has had any connection with, the production, distribution or exhibition of motion pictures, or has or has had any interest in any motion picture theatre, as landlord, lessor or otherwise. No member of a Panel shall serve as an arbitrator in any arbitration proceeding if he has, or has had any financial or other relations with any party to the arbitration, or has any interest in the result of the arbitration, or has any personal bias, which might prejudice the right of any party to a fair and impartial award. III. — Appointment of Arbitrators: Not less than 15 nor more than 17 days after the filing of the Demand in accordance with Rule I, the Clerk of the Tribunal shall deliver to each party an identical list of arbitrators selected from the Panel of Arbitrators, for the purpose of enabling the parties to indicate thereon their preference of arbitrators. A period of seven days from the date of delivery of the list shall be allowed the parties for the return of the list. (*) Filed herewith and made a part of these rules is a map showing the territory throughout which each Arbitration Tribunal shall have jurisdiction and the city in which each Arbitration Tribunal shall be located. If the Clerk of the Tribunal does not receive the list from any party within said period all the names on such list shall be deemed acceptable to such party. The Clerk of the Tribunal shall forthwith appoint an arbitrator from the names indicated as acceptable to all parties. In the event no name appears from the lists to be acceptable to all parties, or that none of those shown to be acceptable is available, the American Arbitration Association shall appoint an arbitrator from the remaining members of the Panel. Not less than 16 days after the filing of the Demand and prior to the appointment of an arbitrator, the parties to any controversy may by written agreement unanimously appoint one or more arbitrators from the Panel of Arbitrators to arbitrate such controversy, by filing such agreement with the Clerk of the Tribunal. No irregularity in the appointment of an arbitrator shall affect the validity of the proceeding or of the award. Notice of appointment shall forthwith be given to the arbitrator by the Clerk of the Tribunal, and a signed acceptance obtained. IV. — Keinoval of Arbitrator aiul Filing of Vacancy: Upon written application of any party prior to the date the arbitrator’s award becomes final, the American Arbitration Association shall, upon proof satisfactory to it that an arbitrator is disqualified under Rule II, revoke the appointment of such arbitrator and declare the office vacant and the award, if any, vacated. No such action shall be taken by the American Arbitration Association in any case where an award has been made unless the applicant party shall have given five days’ notice of its application to all other a Administrator Out Under Current Plan New York — Plans for an administrator for arbitration who would have the power to amend or add to the rules of arbitration and appeals are out. The original idea was provided in Section XXII in the Rules of Arbitration and Appeals and this has been dropped entirely. The original section was as follows: "Amendments to Rules. Subject to the provision of the decree these rules may be amended or added to by the Administrator with the approval of the Appeal Board." 'J parties. Unless application for disqualification is made immediately following a party’s discovery of the reason therefore such party shall be deemed to have waived such disqualification. The American Arbitration Association may also revoke the appointment of an arbitrator at any time by reason of his neglect, refusal or failure to perform the duties of his office. If the appointment of an arbitrator is revoked, or if by reason of resignation, death, or illness an arbitrator is unable to perform the duties of his office, a new arbitrator shall forthwith be appointed by the Clerk of the Tribunal from among the names acceptable to the parties or by the American Arbitration Association in accordance with the second paragraph of Rule III. V. — Hearings: Hearings shall be held at the office of the Arbitration Tribunal having jurisdiction of the controversy involved or at such other place in the same Arbitration District as may be agreed upon by the parties with the consent of the arbitrator. Hearings shall commence as promptly as possible after the appointment of the arbitrator. The time of the beginning of the hearings shall be fixed by the arbitrator, who may adjourn the hearing from time to time. The Clerk of the Tribunal shall deliver to the parties written notice of the name of the arbitrator and of the time and place of the beginning of the hearing at least five days prior thereto, unless such notice is waived by the parties. VI. — Procedure at Hearings: The arbitrator shall take the oath of office in the form prescribed by the administrator before proceeding with the hearing. Parties may appear ]>ersonally and be represented by counsel or by others. Each party shall have the right to examine or cross examine all witnesses. Witnesses shall testify under oath or its legal equivalent. Evidence shall be received only at hearings of which all parties shall have had due notice and the arbitrator in making his award shall consider only such evidence, and such inspection as he may make hereunder. The arbitrator shall have power to require any party to produce such records or documents as the arbitrator may deem necessary to a proper determination of the controversy. In lieu of producing or offering original records or documents, any party may, with the approval of the arbitrator produce or offer sworn copies thereof or sworn excerpts of the relevant or material portions thereof. If any party challenges the authenticity, correctness or adeciuacy of such documents, or excerpts, the arbitrator shall determine such authenticity, correctness or adequacy. All exhibits offered in evidence shall be numbered and so marked as to indicate whether or not they were received. The arbitrator shall be the judge of the relevancy and materiality of the evidence offered and conformity to legal rules of evidence shall not be necessary. Whenever the arbitrator deems it necessary he may make an inspection in connection with the subject matter of the controversy upon notice to the parties. The arbitrator may hear argument and receive briefs. VII. — Closing and Reopening the Proceeding: After all parties have indicated that they have no further evidence to offer, the arbitrator shall declare the proceedings closed. Prior to the expiration of the time for making an award the arbitrator may reopen a proceeding upon his own initiative, or for good cause upon the written application of any party on five days’ notice to all other parties. At any time within 20 days after the award has been filed the arbitrator may also reopen the lu'oceedings for the purpose of correcting inadvertent errors in the award. VIII. — Defaults and Withdrawals: If any party to a proceeding defaults by failure to comply with the fourth paragraph of Rule XI or withdraws from the proceeding after an arbitrator is appointed, the proceeding shall nevertheless continue to an award unless all other parties to the proceeding consent to a dismissal. A party who defaults or withdraws shall not be entitled to participate further in the proceeding. IX. — Powers of Arbitrators: The arbitrator shall have the powers and shall perform the duties granted to and imposed upon him by the decree and these rules, and in making his award he shall comply with the decree and these rules. X. — Awards: The awards shall be filed with the Clerk of the Tribunal within 30 days from the date of closing the proceedings; or from the date fixed by the arbitrator for the filing of briefs, whichever is later. The award shall be specific, shall contain such findings as are required by the decree and shall be signed by the arbitrator and acknowledged before a notary public or other office duly authorized to administer oaths. In his award the arbitrator shall assess costs against the losing party or parties or apportion them among the parties as he may deem proper. Costs shall be limited to the arbitrator’s fee and the filing fees. The Clerk of the Tribunal shall forthwith deliver a copy of the award and any corrected award to each party with the date of filing endorsed thereon. The award or, if corrected, the corrected award shall become final and binding upon the parties upon the expiration of the time for filing a notice of appeal therefrom, unless an appeal is taken in accordance with these Rules. XI. — Arbitrator’s Fees : The American Arbitration Association shall fix for each Arbitration District the per diem rate of the arbitrator’s fee which in no event shall exceed $50 per diem. The arbitrator shall be entitled to the per diem fee for each day or part thereof that he shall attend a hearing or make an inspection. No other compensation and no gratuities or benefits of any kind shall be paid (Continued on page 15) BOXOFFICE November 2, 1940 13