§10 — Title 9 Arbitration | U.S. Code

Summary

A U.S. district court can cancel an arbitration award when a party asks. The court can do this if the award was obtained by corruption, fraud, or other improper methods; if the arbitrators were biased or corrupt; if the arbitrators refused to delay the hearing or refused to hear important evidence or otherwise misbehaved so a party was harmed; or if the arbitrators went beyond their power or failed so much that no final, definite award was made. If the award is canceled and the time allowed for the award has not run out, the court may order a rehearing by the arbitrators. If an award was made under section 580 of title 5, a person who was not a party but is harmed can ask the district court to cancel it when using arbitration or the award clearly conflicts with the factors in section 572 of title 5.

Title 9, §10

Arbitration — Source: USLM XML via OLRC

(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 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.

Notes & Related Subsidiaries

DerivationAct 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 margins in pars. (1) to (4), and substituted a semicolon for period at end in pars. (1) and (2) and “; or” for the period 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.”

§10 Same; vacation; grounds; rehearing

Summary

Title 9, §10

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata