§657 — Title 28 Judiciary and Judicial Procedure | U.S. Code

Summary

File the arbitrator’s written award quickly with the clerk of the district court that sent the case to arbitration. The winning party or the plaintiff must also show that the other side was served. If no one asks for a new trial in the district court within 30 days after the award is filed, the court will enter the award as its final judgment. That judgment has the same force as any civil court judgment, but it cannot be reviewed by appeal or in another court. The court must have a local rule under section 2071(a) to keep the award secret from any judge who might later get the case until the court enters final judgment or the case ends. If a party does ask for a trial de novo within 30 days, the case goes back on the court’s docket and is treated as if it had not gone to arbitration. At that new trial, evidence that arbitration happened, what the award was, or how it was run is not allowed unless it would be allowed under the Federal Rules of Evidence or the parties agree.

Title 28, §657

Judiciary and Judicial Procedure — Source: USLM XML via OLRC

(a)An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration. Such award shall be entered as the judgment of the court after the time has expired for requesting a trial de novo. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment shall not be subject to review in any other court by appeal or otherwise.

(b)The district court shall provide, by local rule adopted under section 2071(a), that the contents of any arbitration award made under this chapter shall not be made known to any judge who might be assigned to the case until the district court has entered final judgment in the action or the action has otherwise terminated.

(c)(1)Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court.

(2)Upon a demand for a trial de novo, the action shall be restored to the docket of the court and treated for all purposes as if it had not been referred to arbitration.

(3)The court shall not admit at the trial de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award, or any other matter concerning the conduct of the arbitration proceeding, unless—

(A)the evidence would otherwise be admissible in the court under the Federal Rules of Evidence; or

(B)the parties have otherwise stipulated.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Evidence, referred to in subsec. (c)(3)(A), are set out in the Appendix to this title.

Amendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to arbitration award and judgment for provisions relating to compensation of arbitrators.

§657 Arbitration award and judgment