Title 9 — Arbitration
Chapter 1 — General Provisions
§ 10. Same; vacation; grounds; rehearing
Statutory text
In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
where the award was procured by corruption, fraud, or undue means;
where there was evident partiality or corruption in the arbitrators, or either of them;
where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
9 U. S. C., § —
Pub. L. 80–392 · 61 Stat. 669
Enacted · 9 U.S.C. § 10
July 30, 1947, ch. 392, 61 Stat. 672
Source evidence
Code source credit
July 30, 1947, ch. 392, 61 Stat. 672Administrative Dispute Resolution Act
Pub. L. 101–552 § 5 · 104 Stat. 2736
Substituted · 9 U.S.C. § 10
Pub. L. 101–552 designated existing provisions as subsec. (a), in introductory provisions substituted “In any” for “In either”
Redesignated · 9 U.S.C. § 10
Pub. L. 101–552 redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively
Added · 9 U.S.C. § 10
Pub. L. 101–552 added subsec. (b) which read as follows: “The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.”
Source evidence
Code amendment note
Pub. L. 101–552 designated existing provisions as subsec. (a), in introductory provisions substituted “In any” for “In either”, redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b) which read as follows: “The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.”Enacted provision · exact public law section
SEC. 5. JUDICIAL REVIEW OF ARBITRATION AWARDS. Section 10 of title 9, United States Code, is amended— (1) by redesignating subsections (a) through (e) as paragraphs (1) through (5), respectively; (2) by striking out “In either” and inserting in lieu thereof “(a) In any”; and (3) by adding at the end thereof the following: “(b) The United States district court for the district wherein an award was made that was issued pursuant to section 590 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 582 of title 5.”.Administrative Procedure Technical Amendments Act of 1991
Pub. L. 102–354 § 5(b)(4) · 106 Stat. 944
Substituted · 9 U.S.C. § 10(b)
Pub. L. 102–354 substituted “section 580” for “section 590”
Substituted · 9 U.S.C. § 10(b)
Pub. L. 102–354 substituted “section 572” for “section 582”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 102–354 substituted “section 580” for “section 590” and “section 572” for “section 582”.Enacted provision · exact public law section
(4) Section 10(b) of title 9, United States Code (as added by section 5 of the Administrative Dispute Resolution Act (Public Law 101–552; 104 Stat. 2745)), is amended— (A) by striking “590” and inserting “580”; and (B) by striking “582” and inserting “572”.Pub. L. 107–169 § 1(1) · 116 Stat. 132
Substituted · 9 U.S.C. § 10(a)(1)(4)
Pub. L. 107–169, § 1(1)–(3), substituted “where” for “Where” and realigned margins in pars. (1) to (4)
Substituted · 9 U.S.C. § 10(a)(1)(4)
Pub. L. 107–169, § 1(1)–(3), substituted a semicolon for period at end in pars. (1) and (2) and “; or” for the period at end in par. (3)
Source evidence
Code amendment note
Subsec. (a)(1) to (4). Pub. L. 107–169, § 1(1)–(3), substituted “where” for “Where” and realigned margins in pars. (1) to (4), and substituted a semicolon for period at end in pars. (1) and (2) and “; or” for the period at end in par. (3).Enacted provision · exact public law section
(1) by indenting the margin of paragraphs (1) through (4) of subsection (a) 2 ems;Pub. L. 107–169 § 1(5) · 116 Stat. 132
Substituted · 9 U.S.C. § 10(a)(5)
Pub. L. 107–169, § 1(5), substituted “If an award” for “Where an award”
Inserted · 9 U.S.C. § 10(a)(5)
Pub. L. 107–169, § 1(5), inserted a comma after “expired”
Redesignated · 9 U.S.C. § 10(a)(5)
Pub. L. 107–169, § 1(5), redesignated par. (5) as subsec. (b)
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 107–169, § 1(5), substituted “If an award” for “Where an award”, inserted a comma after “expired”, and redesignated par. (5) as subsec. (b).Enacted provision · exact public law section
(5) in paragraph (5), by striking “Where an award” and inserting “If an award”, by inserting a comma after “expired”, and by redesignating the paragraph as subsection (b).Pub. L. 107–169 § 1(4) · 116 Stat. 132
Redesignated · 9 U.S.C. § 10(b)
Pub. L. 107–169, § 1(4), (5), redesignated subsec. (a)(5) as (b). Former subsec. (b) redesignated (c)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 107–169, § 1(4), (5), redesignated subsec. (a)(5) as (b). Former subsec. (b) redesignated (c).Enacted provision · exact public law section
(4) by redesignating subsection (b) as subsection (c); andPub. L. 107–169 § 1(4) · 116 Stat. 132
Redesignated · 9 U.S.C. § 10(c)
Pub. L. 107–169, § 1(4), redesignated subsec. (b) as (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–169, § 1(4), redesignated subsec. (b) as (c).Enacted provision · exact public law section
(4) by redesignating subsection (b) as subsection (c); and
12 of 13 references resolved to an enrolled provision · 1 partial
Notes
Derivation
Act Feb. 12, 1925, ch. 213, § 10, 43 Stat. 885.
Editorial Notes
Amendments1990–2002 · 3 rounds
2002
Subsec. (a)(1) to (4). Pub. L. 107–169, § 1(1)–(3), substituted “where” for “Where” and realigned margins in pars. (1) to (4), and substituted a semicolon for period at end in pars. (1) and (2) and “; or” for the period at end in par. (3).
Subsec. (a)(5). Pub. L. 107–169, § 1(5), substituted “If an award” for “Where an award”, inserted a comma after “expired”, and redesignated par. (5) as subsec. (b).
Subsec. (b). Pub. L. 107–169, § 1(4), (5), redesignated subsec. (a)(5) as (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107–169, § 1(4), redesignated subsec. (b) as (c).
1992
Subsec. (b). Pub. L. 102–354 substituted “section 580” for “section 590” and “section 572” for “section 582”.
1990
Pub. L. 101–552 designated existing provisions as subsec. (a), in introductory provisions substituted “In any” for “In either”, redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b) which read as follows: “The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.”
Credits
1947–2002 · 4 acts
- 1947July 30, 1947, ch. 392, 61 Stat. 672
- 1990Pub. L. 101–552, § 5, , 104 Stat. 2745
- 1992Pub. L. 102–354, § 5(b)(4), , 106 Stat. 946
- 2002Pub. L. 107–169, § 1, , 116 Stat. 132.
Show as published
(July 30, 1947, ch. 392, 61 Stat. 672; Pub. L. 101–552, § 5, , 104 Stat. 2745; Pub. L. 102–354, § 5(b)(4), , 106 Stat. 946; Pub. L. 107–169, § 1, , 116 Stat. 132.)