Title 9, ArbitrationRelease 119-102
§12 Notice of Motions to Vacate or Modify; Service; Stay of Proceedings
Title 9 › CHAPTER 1 — GENERAL PROVISIONS › § 12
Summary
To ask a court to set aside, change, or correct an award, give notice to other party or attorney within three months after filing or delivery of the award. If they are in the same district, give notice under local motion rules; if not, a marshal in any district where found must give the notice. A judge may order a stay with notice to stop enforcement.
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
Aug 21, 2026
Release point: 119-102