It might still be contended that the constitutional non-delegation doctrine prohibits federal arbitral power from being vested in private actors. The Supreme Court’s decisions in Auffmordt v. Hedden, 137 U.S. 310 (1890), and Kendall v. Us ex boyfriend rel. Stokes, 37 U.S. (12 Pet.) 524, 609-13 (1838), however, strongly implied that there is no per se proscription on placing arbitral authority in private actors. We view the Supreme Court’s opinion in Thomas as finally rejecting the argument that the Constitution prohibits the delegation of adjudicative authority in a private party. In Thomas the Court found no particular relevance in the fact that the adjudication was to be performed by “civilian arbitrators, selected by agreement of the parties” as long as the circumstances do not indicate that this mechanism would “diminish the likelihood of impartial decisionmaking, free from political influence.” 473 U.S. at 590. As with all delegations, there must be standards to guide the determination of the recipient of the delegated adjudicative authority, but this is not an exacting requirement. Come across id. at 593; find basically Yakus v. All of us, 321 U.S. 414 (1944). As long as these two criteria — impartiality and discernable standards — are present, the non-delegation doctrine does not represent a blanket prohibition of final and binding resolution of a dispute by private actor. Read more