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9 U.S.C. § 12Notice of motions to vacate or modify; service; stay of proceedings

submitted 79 years ago by ch. 392 to r/title-9-ARBITRATION · 164 words · no verdicts yet

in plain englishAI-generated · not legal advice

A person challenging an arbitration award must serve notice within three months after the award is filed. If the other side lives in that court's district, notice follows the normal court rules. If not, a U.S. marshal serves it. A judge can pause enforcement of the award while the challenge is pending.

This section sets the deadline and the rules for challenging an arbitration award in court. Someone who wants to vacate, modify, or correct an award must serve notice of that motion on the other party, or that party's attorney, within three months after the award is filed or delivered. If the other party lives in the same district where the award was made, the notice must be served the same way any notice of a motion would be served in a regular case in that court. If the other party does not live there, the notice must instead be served by the U.S. marshal for whatever district the other party can be found in, the same way the marshal serves other court process. While the motion is pending, any judge who could order a stay of proceedings in a regular case in that court can also order a stay here — pausing the other party's efforts to enforce the award. That stay order gets served together with the notice of the motion.
the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (July 30, 1947, ch. 392, 61 Stat. 673.)

history & why it existsrecord from the source credit
  • 1947Enacted · Act of July 30, 1947, ch. 392 · 61 Stat. 673

A history note hasn’t been published yet. The record shows enactment by ch. 392 on 1947-07-30.

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