28 U.S.C. § 657: Arbitration award and judgment

Summary

File the arbitration award with the district court clerk right after the hearing, and show that the other side was served. If no one asks for a new court trial within 30 days after the award is filed, the court will enter the award as its official judgment, which has the same force as any civil judgment and cannot be reviewed by appeal in another court. The court must have a local rule keeping the award’s contents hidden from any judge who might hear the case until final judgment or the case ends. Any party can demand a new trial in court within 30 days after the award is filed. If they do, the case goes back on the court’s calendar and is treated as if it never went to arbitration. At that new trial, the judge should not hear evidence that an arbitration happened or what the award was unless the evidence 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)Filing and Effect of Arbitration Award.—

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)Sealing of Arbitration Award.—

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)Trial de Novo of Arbitration Awards.—

(1)Time for filing demand.— (2) Action restored to court docket.—

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.

(3)Exclusion of evidence of arbitration.—

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