9 U.S.C. § 9 — Award of arbitrators; confirmation; jurisdiction; procedure

submitted 79 years ago by ch. 392 to r/title-9-ARBITRATION · 235 words · no verdicts yet

in plain englishAI-generated · not legal advice

If an arbitration agreement names a court, either side can ask that court to confirm the award. This must happen within one year. The court must confirm it unless it is later vacated, changed, or fixed.

When the parties' arbitration agreement says a court judgment should be entered on the award, and names which court, either party can apply to that named court. They must apply within one year after the award is made, asking the court to confirm the award. The court must grant that order, unless the award is vacated, modified, or corrected under sections 10 and 11 of this title. If the agreement does not name a court, the party may apply instead to the U.S. court for the district where the award was made. The applying party must serve notice of the application on the other party. Once served, the court gains jurisdiction over that other party, just as if that party had appeared in court generally. If the other party lives in that district, the notice must be served on them or their attorney, the same way a motion notice is served in a case before that same court. If the other party is a nonresident, the district's marshal must serve the notice, using the same method as for other court process.

the actual law source: uscode.house.gov ↗public domain

If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. If no court is specified in the agreement of the parties, then such application may be made to the United States court in and for the district within which such award was made. Notice of the application shall be served upon the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding. 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.

Source credit: (July 30, 1947, ch. 392, 61 Stat. 672.)

history & why it existsrecord from the source credit

1947Enacted · Act of July 30, 1947, ch. 392 · 61 Stat. 672

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

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