PRIA Logo™
Title 9 — ArbitrationRelease 119-73not60

§12 Notice of Motions to Vacate or Modify; Service; Stay of Proceedings

Title 9 › Chapter 1— GENERAL PROVISIONS › § 12

Last updated Apr 3, 2026|Official source

Summary

You must give the other party or their lawyer a notice to ask the court to cancel, change, or correct an award within three months after the award is filed or handed over. If the other party lives in the same court district, serve the notice the normal way motions are served there. If they live outside the district, a U.S. marshal where they can be found must serve it. A judge who can pause similar court actions may order a pause to stop the other party from enforcing the award, and that pause order is 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 9 — Arbitration

Last Updated

Apr 3, 2026

Release point: 119-73not60