Title 9ArbitrationRelease 119-73

§12 Notice of motions to vacate or modify; service; stay of proceedings

Title 9 › Chapter CHAPTER 1— - GENERAL PROVISIONS › § 12

Last updated Apr 6, 2026|Official source

Summary

Serve notice of a motion to cancel, change, or correct an award on the other party or lawyer within three months of the award. If they live in the same district, serve it like other court motion notices. If not, a marshal where they are found must serve it. A judge may order a pause on enforcement, served with the notice.

Full Legal Text

Title 9, §12

Arbitration — Source: USLM XML via OLRC

Notice of a motion to vacate, modify, or correct 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 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. For the purposes of the motion any judge who might make an order to stay the proceedings 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 adverse party to enforce the award.

Legislative History

Notes & Related Subsidiaries

DerivationAct Feb. 12, 1925, ch. 213, § 12, 43 Stat. 885.

Reference

Citations & Metadata

Citation

9 U.S.C. § 12

Title 9Arbitration

Last Updated

Apr 6, 2026

Release point: 119-73