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Lesson 62 - Removal of inactive Case Managers and Arbitrators

• The removal of inactive Case Managers and / or Arbitrators is a three steps procedure
  • first is to report to DRO by Case Managers, Arbitrators or Arbitration participants
  • second is the DRO's duty to check the case
  • third is the report of DRO to the Board with the final Board motion of removal of the candidate
• Board has decided that Board is authoritative to remove inactive Case Managers and Arbitrators

  • by Board motion m20091206.2

    • 2009-12-10  Provision to remove arbitrators on advice of DRO.
      
      The committee considers it has the authority to remove arbitrators, but
      resolves to only do so on advice of the Dispute Resolution Officer and
      after considering any written or oral submissions made by the arbitrator in
      question.

• Arbitration Team has published and voted on an "Inactive Case Managers / Arbitrators procedure"

  • at Arbitration Team Meeting 2010-04-06

    • What to do with inactive arbitrators, procedures
      
      When you think a case is stalling:
       * First write to the Arbitrator and Case Manager, and ask what is causing the delay.
       * If that remains unanswered for at least 2 weeks, you can write to the DRO explaining the case appears to be stalled.
       * The DRO tries to verify if the Arbitrator and Case Manager both happen to be on a vacation/business trip/such a thing. If so he replies to wait another few weeks. (The delay is not because of an inactive arbitrator, rather because he is *temporarily* too busy). If the DRO doesn't recall such a notice he tries contacting the Arbitrator and Case Manager again himself asking about the delay. If again there is no response for 2 weeks the DRO will look for a replacement. If only one of the two is unresponsive (Arbitrator or Case Manager), then only the unresponsive one has to be replaced of course.
       * The DRO considers whether or not it is appropriate to propose this unresponsive Arbitrator/Case Manager to the board to revoke his Arbitrator status. (related to m20091206.2)
       - We should add a notice to our init mails that the Claimant and Respondent can ask about a progress report, and if that request remains unanswered for 2 weeks, they can ask the DRO about it.

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