28 U.S.C. § 657

Arbitration award and judgment

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(a)Filing and Effect of Arbitration Award.—An arbitration award made by an arbitrator under this chapter, along with proof of service of such award on the other party by the prevailing party or by the plaintiff, shall be filed promptly after the arbitration hearing is concluded with the clerk of the district court that referred the case to arbitration. Such award shall be entered as the judgment of the court after the time has expired for requesting a trial de novo. The judgment so entered shall be subject to the same provisions of law and shall have the same force and effect as a judgment of the court in a civil action, except that the judgment shall not be subject to review in any other court by appeal or otherwise.(b)Sealing of Arbitration Award.—The district court shall provide, by local rule adopted under section 2071(a), that the contents of any arbitration award made under this chapter shall not be made known to any judge who might be assigned to the case until the district court has entered final judgment in the action or the action has otherwise terminated.(c)Trial de Novo of Arbitration Awards.—(1)Time for filing demand.—Within 30 days after the filing of an arbitration award with a district court under subsection (a), any party may file a written demand for a trial de novo in the district court.(2)Action restored to court docket.—Upon a demand for a trial de novo, the action shall be restored to the docket of the court and treated for all purposes as if it had not been referred to arbitration.(3)Exclusion of evidence of arbitration.—The court shall not admit at the trial de novo any evidence that there has been an arbitration proceeding, the nature or amount of any award, or any other matter concerning the conduct of the arbitration proceeding, unless—(A) the evidence would otherwise be admissible in the court under the Federal Rules of Evidence; or(B) the parties have otherwise stipulated.(Added Pub. L. 100–702, title IX, § 901(a), Nov. 19, 1988, 102 Stat. 4662; amended Pub. L. 105–315, § 9, Oct. 30, 1998, 112 Stat. 2997.)Editorial NotesReferences in Text

The Federal Rules of Evidence, referred to in subsec. (c)(3)(A), are set out in the Appendix to this title.

Amendments

1998—Pub. L. 105–315 amended section generally, substituting provisions relating to arbitration award and judgment for provisions relating to compensation of arbitrators.

Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1971–2021 · leading case: Wilson v. Commissioner
Wilson v. Commissioner (2013) ca9 · cites it 2× “§ 2023 (a)(15); 28 U.S.C. § 657 (a), (c); 38 U.S.C. § 7261 (c); 42 U.”
Portland Trailer & Equipment, Inc. v. A-1 Freeman Moving & Storage, Inc. (2002) orctapp “” See 28 USC § 657 (b). The award therefore retained no legal effect.”
United States v. Awadallah (2002) nysd “”) (emphasis added); 28 U.S.C. §§ 657 , 659 (1928) (quoted supra Part IV.”
Housing Authority of Beaver County v. Alberts (In Re Alberts) (2008) pawb “”) (emphasis added); see also the Alternative Dispute Resolution Act of 1998 28 U.S.C. § 657 (c)(2) (indicating that "[ujpon a demand for a trial de novo, the action shall be restored to the docket of the court and treated for all purposes as if it had not been referred to…”
In the Matter of the Petition of Leslie Bacon for Writ of Habeas Corpus v. United States (1971) ca9 “Unfortunately, the effect of Rule 46(b) on superseded sections 657 and 659 of Title: 28 does not clearly emerge from the statutory history. The Committee Note to Rule 48(b) of the Second Preliminary Draft of the Rules (renumbered Rule 46(b) in the final draft) states that both…”
Environmental Industrial Services Corp. v. Souders (2004) ded · cites it 3× “Parties’ Contentions Environmental contends that Defendant’s Motion To Enter Judgment is procedurally deficient and should be denied because Defendant seeks judgment pursuant to the Alternative Dispute Resolution Act of 1998, 28 U.S.C. § 657 (a), and not the Federal Arbitration…”
Empire Steel Manufacturing Co. v. Marshall (1977) mtd “The Court enjoined the Secretary of Labor from acting pursuant to § 8(a) of the Act, in conducting or attempting to conduct any general searches or inspections of the nonpublic portions of the premises of the plaintiff pursuant to § 8(a) of the Occupational Safety and Health Act.”
In Re Inspection of Norfolk Dredging Company. Appeal of United States Secretary of Labor (1986) ca11 “2d 305 (1978), that the fourth amendment prohibits warrant-less safety inspections under 28 U.S.C.A. § 657 (a). The inspection in Burlington occurred three years prior, in 1975.”
Babcock & Wilcox Co. v. Marshall (1979) ca3 “Now that Barlow’s has determined that inspections pursuant to 28 U.S.C. § 657 (a) must satisfy the Fourth Amendment — both as to the necessity of a warrant for nonconsensual inspections and as to the demonstration of probable cause — the Review Commission may consider motions to…”
Ingersoll-Rand Co. v. Donovan (1982) pamd “In that case, the Court noted that probable cause for workplace inspections pursuant to 28 U.S.C. § 657 could be established not only on specific evidence of an existing violation but also on a showing that “reasonable legislative or administrative standards for conducting an .”
John D'IorIo Diane D'IorIo v. Majestic Lanes Inc., a New Jersey Corporation (2004) ca3 · cites it 3× “28 U.S.C. § 657 (c) (emphasis added) Majestic argues that by allowing D’lorio to resurrect his arbitration award by withdrawing his demand for a trial de novo, the emphasized portion of Rule 201.”
Kobell v. Reid Plastics, Inc. (1991) pawd “DISCUSSION OF SCHEDULING OF HEARING Since the Court must expedite consideration of this proceeding, 28 U.S.C. § 657 (a), and in view of the Court’s badly overburdened docket, the Court deems it appropriate to defer to the petitioner’s proposal that he schedule the administrative…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.