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 United States courts. Said summons shall issue in the name of the arbitrator or arbitrators, or a ma- jority of them, and shall be signed by the arbi- trators, or a majority of them, and shall be di- rected to the said person and shall be served in the same manner as subpoenas to appear and testify before the court; if any person or persons so summoned to testify shall refuse or neglect to obey said summons, upon petition the United States district court for the district in which such arbitrators, or a majority of them, are sit- ting may compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of the United States. (July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, § 14, 65 Stat. 715.) DERIVATION Act Feb. 12, 1925, ch. 213, § 7, 43 Stat. 884. Editorial Notes AMENDMENTS 1951—Act Oct. 31, 1951, substituted ‘‘United States district court for’’ for ‘‘United States court in and for’’, and ‘‘by law for’’ for ‘‘on February 12, 1925, for’’. § 8. Proceedings begun by libel in admiralty and seizure of vessel or property If the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, not- withstanding anything herein to the contrary, the party claiming to be aggrieved may begin his proceeding hereunder by libel and seizure of the vessel or other property of the other party according to the usual course of admiralty pro- ceedings, and the court shall then have jurisdic- tion to direct the parties to proceed with the ar- bitration and shall retain jurisdiction to enter its decree upon the award. (July 30, 1947, ch. 392, 61 Stat. 672.) DERIVATION Act Feb. 12, 1925, ch. 213, § 8, 43 Stat 884. § 9. Award of arbitrators; confirmation; jurisdic- tion; procedure If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitra- tion, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. If no court is specified in the agree- ment of the parties, then such application may be made to the United States court in and for the district within which such award was made. Notice of the application shall be served upon the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding. If the ad- verse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. (July 30, 1947, ch. 392, 61 Stat. 672.) DERIVATION Act Feb. 12, 1925, ch. 213, § 9, 43 Stat. 885. § 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 corrup- tion, fraud, or undue means; (2) where there was evident partiality or cor- ruption in the arbitrators, or either of them; Page 4 TITLE 9—ARBITRATION § 11 (3) where the arbitrators were guilty of mis- conduct 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 preju- diced; or (4) where the arbitrators exceeded their pow- ers, 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 dis- cretion, 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 may make an order vacating the award upon the ap- plication of a person, other than a party to the arbitration, who is adversely affected or ag- grieved by the award, if the use of arbitration or the award is clearly inconsistent with the fac- tors set forth in section 572 of title 5. (July 30, 1947, ch. 392, 61 Stat. 672; Pub. L. 101–552, § 5, Nov. 15, 1990, 104 Stat. 2745; Pub. L. 102–354, § 5(b)(4), Aug. 26, 1992, 106 Stat. 946; Pub. L. 107–169, § 1, May 7, 2002, 116 Stat. 132.) DERIVATION Act Feb. 12, 1925, ch. 213, § 10, 43 Stat. 885. Editorial Notes AMENDMENTS 2002—Subsec. (a)(1) to (4). Pub. L. 107–169, § 1(1)–(3), substituted ‘‘where’’ for ‘‘Where’’ and realigned mar- gins in pars. (1) to (4), and substituted a semicolon for period at end in pars. (1) and (2) and ‘‘; or’’ for the pe- riod at end in par. (3). Subsec. (a)(5). Pub. L. 107–169, § 1(5), substituted ‘‘If an award’’ for ‘‘Where an award’’, inserted a comma after ‘‘expired’’, and redesignated par. (5) as subsec. (b). Subsec. (b). Pub. L. 107–169, § 1(4), (5), redesignated subsec. (a)(5) as (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 107–169, § 1(4), redesignated subsec. (b) as (c). 1992—Subsec. (b). Pub. L. 102–354 substituted ‘‘section 580’’ for ‘‘section 590’’ and ‘‘section 572’’ for ‘‘section 582’’. 1990—Pub. L. 101–552 designated existing provisions as subsec. (a), in introductory provisions substituted ‘‘In any’’ for ‘‘In either’’, redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b) which read as follows: ‘‘The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 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.’’ § 11. Same; modification or correction; grounds; order In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration— (a) Where there was an evident material mis- calculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award. (b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted. (c) Where the award is imperfect in matter of form not affecting the merits of the con- troversy. The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties. (July 30, 1947, ch. 392, 61 Stat. 673.) DERIVATION Act Feb. 12, 1925, ch. 213, § 11, 43 Stat. 885. § 12. Notice of motions to vacate or modify; serv- ice; stay of proceedings Notice of a motion to vacate, modify, or cor- rect an award must be served upon the adverse party or his attorney within three months after the award is filed or delivered. If the adverse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as pre- scribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident then the notice of the ap- plication shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. For the purposes of the motion any judge who might make an order to stay the pro- ceedings in an action brought in the same court may make an order, to be served with the notice of motion, staying the proceedings of the ad- verse party to enforce the award. (July 30, 1947, ch. 392, 61 Stat. 673.) DERIVATION Act Feb. 12, 1925, ch. 213, § 12, 43 Stat. 885. § 13. Papers filed with order on motions; judg- ment; docketing; force and effect; enforce- ment The party moving for an order confirming, modifying, or correcting an award shall, at the time such order is filed with the clerk for the entry of judgment thereon, also file the fol- lowing papers with the clerk: (a) The agreement; the selection or appoint- ment, if any, of an additional arbitrator or um- pire; and each written extension of the time, if any, within which to make the award. (b) The award. (c) Each notice, affidavit, or other paper used upon an application to confirm, modify, or cor- rect the award, and a copy of each order of the court upon such an application. The judgment shall be docketed as if it was rendered in an action. The judgment so entered shall have the same force and effect, in all respects, as, and be sub- ject to all the provisions of law relating to, a judgment in an action; and it may be enforced as if it had been rendered in an action in the court in which it is entered. (July 30, 1947, ch. 392, 61 Stat. 673.) DERIVATION Act Feb. 12, 1925, ch. 213, § 13, 43 Stat. 886.