Notice of motions to vacate or modify; service; stay of proceedings

9 U.S.C. § 12

• Title: 9 — Arbitration
• Chapter: 1 — GENERAL PROVISIONS

Text

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.

History

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

Editorial Notes

Derivation
Act Feb. 12, 1925, ch. 213, §12, 43 Stat. 885.