§ 10. — Same; vacation; grounds; rehearing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 9USC10]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 10. Same; vacation; grounds; rehearing
(a) 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--
(1) where the award was procured by corruption, fraud, or undue
means;
(2) where there was evident partiality or corruption in the
arbitrators, or either of them;
(3) 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
(4) 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.
(b) 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.
(c) 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.
(July 30, 1947, ch. 392, 61 Stat. 672; Pub. L. 101-552, Sec. 5, Nov. 15,
1990, 104 Stat. 2745; Pub. L. 102-354, Sec. 5(b)(4), Aug. 26, 1992, 106
Stat. 946; Pub. L. 107-169, Sec. 1, May 7, 2002, 116 Stat. 132.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 10, 43 Stat. 885.
Amendments
2002--Subsec. (a)(1) to (4). Pub. L. 107-169, Sec. 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, Sec. 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, Sec. 1(4), (5), redesignated subsec.
(a)(5) as (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107-169, Sec. 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.''
Section Referred to in Other Sections
This section is referred to in section 9 of this title; title 5
sections 580, 581; title 8 section 1182; title 41 section 607.
