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5 U.S.C. § 580 — Arbitration awards
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required.
(2) The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties.
**(b)** The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period.
**(c)** A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.
**(d)** An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an agency, or in a court, or in any other arbitration proceeding.
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Source location: Title 5, Chapter 5, § 580; chapter-005-administrative-procedure.md
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**(a)**
(1) Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required.
(2) The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties.
**(b)** The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period.
**(c)** A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.
**(d)** An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an agency, or in a court, or in any other arbitration proceeding.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) An agency that conducts an adversary adjudication shall award, to a prevailing party other than the United States, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer of the agency finds that the position of the agency was substantially justified or that special circumstances make an award unjust. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought.
(2) A party seeking an award of fees and other expenses shall, within thirty days of a final disposition in the adversary adjudication, submit to the agency an application which shows that the party is a prevailing party and is eligible to receive an award under this section, and the amount sought, including an itemized statement from any attorney, agent, or expert witness representing or appearing in behalf of the party stating the actual time expended and the rate at which fees and other expenses were computed. The party shall also allege that the position of the agency was not substantially justified. When the United States appeals the underlying merits of an adversary adjudication, no decision on an application for fees and other expenses in connection with that adversary adjudication shall be made under this section until a final and unreviewable decision is rendered by the court on the appeal or until the underlying merits of the case have been finally determined pursuant to the appeal.
(3) The adjudicative officer of the agency may reduce the amount to be awarded, or deny an award, to the extent that the party during the course of the proceedings engaged in condu
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
**(b)** If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
**(c)** The United States district court for the district wherein an award was made that was issued pursuant to [section 580 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section580&num=0&edition=prelim) may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in [section 572 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section572&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Page 163
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 580
Subsec. (b). Pub. L. 102–354, § 3(b)(3), substituted ‘‘sec-
tion 573’’ for ‘‘section 583’’.
§ 578. Authority of the arbitrator
An arbitrator to whom a dispute is referred
under this subchapter may—
(1) regulate the course of and conduct arbi-
tral hearings;
(2) administer oaths and affirmations;
(3) compel the attendance of witnesses and
production of evidence at the hearing under
the provisions of section 7 of title 9 only to the
extent the agency involved is otherwise au-
thorized by law to do so; and
(4) make awards.
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104
Stat. 2742, § 588; renumbered § 578, Pub. L. 102–354,
§ 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
Editorial Notes
AMENDMENTS
1992—Pub. L. 102–354 renumbered section 588 of this
title as this section.
§ 579. Arbitration proceedings
(a) The arbitrator shall set a time and place
for the hearing on the dispute and shall notify
the parties not less than 5 days before the hear-
ing.
(b) Any party wishing a record of the hearing
shall—
(1) be responsible for the preparation of such
record;
(2) notify the other parties and the arbi-
trator of the preparation of such record;
(3) furnish copies to all identified parties and
the arbitrator; and
(4) pay all costs for such record, unless the
parties agree otherwise or the arbitrator de-
termines that the costs should be apportioned.
(c)(1) The parties to the arbitration are enti-
tled to be heard, to present evidence material to
the controversy, and to cross-examine witnesses
appearing at the hearing.
(2) The arbitrator may, with the consent of the
parties, conduct all or part of the hearing by
telephone, television, computer, or other elec-
tronic means, if each party has an o
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