or the destruction of any digital audio recording device,
digital musical recording, or device specified in section 1002(c) that-

(1) does not comply with, or was involved in a violation of, section
1002, and

(2) is in the custody or control of the violator or has been impounded
under subsection (f).

Section 1010. Arbitration of certain disputes [6]

(a) Scope of Arbitration. Before the date of first distribution in the
United States of a digital audio recording device or a digital audio
interface device, any party manufacturing, importing, or distributing
such device, and any interested copyright party may mutually agree to
binding arbitration for the purpose of determining whether such device
is subject to section 1002, or the basis on which royalty payments for
such device are to be made under section 1003.

(b) Initiation of Arbitration Proceedings. Parties agreeing to such
arbitration shall file a petition with the Librarian of Congress
requesting the commencement of an arbitration proceeding. The petition
may include the names and qualifications of potential arbitrators.
Within 2 weeks after receiving such a petition, the Librarian of
Congress shall cause notice to be published in the Federal Register of
the initiation of an arbitration proceeding. Such notice shall include
the names and qualifications of 3 arbitrators chosen by the Librarian of
Congress from a list of available arbitrators obtained from the American
Arbitration Association or such similar organization as the Librarian of
Congress shall select, and from potential arbitrators listed in the
parties' petition. The arbitrators selected under this subsection shall
constitute an Arbitration Panel.

(c) Stay of Judicial Proceedings. Any civil action brought under section
1009 against a party to arbitration under this section shall, on
application of one of the parties to the arbitration, be stayed until
completion of the arbitration proceeding.

(d) Arbitration Proceeding. The Arbitration Panel shall conduct an
arbitration proceeding with respect to the matter concerned, in
accordance with such procedures as it may adopt. The Panel shall act on
the basis of a fully documented written record. Any party to the
arbitration may submit relevant information and proposals to the Panel.
The parties to the proceeding shall bear the entire cost thereof in such
manner and proportion as the Panel shall direct.

(e) Report to the Librarian of Congre