U.S. FEDRegulation
United States: FMCS adopts arbitration panel rule as final, adding written notice and fee refunds in 29 CFR Part 1404
The Federal Mediation and Conciliation Service published a final rule on October 29, 2026 adopting its August 2026 interim final rule on arbitration services as final. The rule clarified when the Office of Arbitration may decline or hold a request for a panel or appointment, limited that inquiry to whether FMCS may lawfully provide the service, and added written notice, reconsideration, and fee refund provisions.
Key points
- Section 1404.9(b)(3) limits the threshold inquiry to whether FMCS may lawfully provide the requested service; merits or arbitrability objections alone do not establish unlawfulness.Federal Register
- New section 1404.9(b)(5) requires written notice of any decision to decline or hold a request and of the basis for that decision.Federal Register
- A held request retains its original receipt date; parties may obtain a refund or credit of fees for declined or held requests.Federal Register
- The interim amendments to sections 1404.9 through 1404.12 have been in effect since August 4, 2026; the final rule responds to comments received.Federal Register
- FMCS says 2026 requests grew from agencies claiming exclusion from chapter 71 under Executive Orders 14251 and 14343; FR Doc. 2026-22083, 91 FR 68030.Federal Register
Sources1 article across 1 outlet
Federal Register
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RegulationU.S.Requests for Arbitration Panels (29 CFR Part 1404)Dispute resolutionEmploymentFor practitionersFor governance