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9 U.S.C. § 10 — Same; vacation; grounds; rehearing

Federal law — U.S. Code and appendices · legal_authorities

9 U.S.C. § 10 — Same; vacation; grounds; rehearing

**(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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Source file: Laws/federal/codes/united-states-code/title-9/section-10-same-vacation-grounds-rehearing--8065beba97.md
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Source location: Title 9, Chapter 1, § 10; chapter-001-general-provisions.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 572 — General authority

**(a)** An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding. **(b)** An agency shall consider not using a dispute resolution proceeding if— (1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent; (2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency; (3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions; (4) the matter significantly affects persons or organizations who are not parties to the proceeding; (5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and (6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement. **(c)** Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 580 — Arbitration awards

**(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

5 U.S.C. § 561 — Purpose

The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 571 — Definitions

For the purposes of this subchapter, the term— (1) “agency” has the same meaning as in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter; (3) “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof; (4) “award” means any decision by an arbitrator resolving the issues in controversy; (5) “dispute resolution communication” means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication; (6) “dispute resolution proceeding” means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate; (7) “in confidence” means, with respect to information, that the information is provided— (A) with the expressed intent of the source that it not be disclosed; or (B) under circumstances that would create the reasonable expectat

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Federal law — U.S. Code and appendices · legal_authorities

9 U.S.C. § 10 — Same; vacation; grounds; rehearing

Page 3 TITLE 9—ARBITRATION § 10 § 5. Appointment of arbitrators or umpire If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or um- pire, or in filling a vacancy, then upon the appli- cation of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may re- quire, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbi- tration shall be by a single arbitrator. (July 30, 1947, ch. 392, 61 Stat. 671.) DERIVATION Act Feb. 12, 1925, ch. 213, § 5, 43 Stat. 884. § 6. Application heard as motion Any application to the court hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, ex- cept as otherwise herein expressly provided. (July 30, 1947, ch. 392, 61 Stat. 671.) DERIVATION Act Feb. 12, 1925, ch. 213, § 6, 43 Stat. 884. § 7. Witnesses before arbitrators; fees; compelling attendance The arbitrators selected either as prescribed in this title or otherwise, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses before masters of the Uni

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