5 U.S.C. § 580

Arbitration awards

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(a)(1) Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required.(2) The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties.(b) The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period.(c) A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.(d) An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an agency, or in a court, or in any other arbitration proceeding.(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2743, § 590; renumbered § 580 and amended Pub. L. 102–354, §§ 3(b)(2), 5(b)(3), Aug. 26, 1992, 106 Stat. 944, 946; Pub. L. 104–320, § 8(a), Oct. 19, 1996, 110 Stat. 3872.)Editorial NotesAmendments

1996—Subsec. (c). Pub. L. 104–320, § 8(a), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The head of any agency that is a party to an arbitration proceeding conducted under this subchapter is authorized to terminate the arbitration proceeding or vacate any award issued pursuant to the proceeding before the award becomes final by serving on all other parties a written notice to that effect, in which case the award shall be null and void. Notice shall be provided to all parties to the arbitration proceeding of any request by a party, nonparty participant or other person that the agency head terminate the arbitration proceeding or vacate the award. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency may not, in that or a factually related case, advise in a decision under this subsection to terminate an arbitration proceeding or to vacate an arbitral award, except as witness or counsel in public proceedings.”

Subsecs. (d), (e). Pub. L. 104–320, § 8(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsecs. (f), (g). Pub. L. 104–320, § 8(a)(1), struck out subsecs. (f) and (g) which read as follows:

“(f) An arbitral award that is vacated under subsection (c) shall not be admissible in any proceeding relating to the issues in controversy with respect to which the award was made.

“(g) If an agency head vacates an award under subsection (c), a party to the arbitration (other than the United States) may within 30 days of such action petition the agency head for an award of fees and other expenses (as defined in section 504(b)(1)(A) of this title) incurred in connection with the arbitration proceeding. The agency head shall award the petitioning party those fees and expenses that would not have been incurred in the absence of such arbitration proceeding, unless the agency head or his or her designee finds that special circumstances make such an award unjust. The procedures for reviewing applications for awards shall, where appropriate, be consistent with those set forth in subsection (a)(2) and (3) of section 504 of this title. Such fees and expenses shall be paid from the funds of the agency that vacated the award.”

1992—Pub. L. 102–354, § 3(b)(2), renumbered section 590 of this title as this section.

Subsec. (g). Pub. L. 102–354, § 5(b)(3), substituted “fees and other expenses” for “attorney fees and expenses”.

Notes of Decisions

Cited in 19 cases (15 in the last 5 years), 1995–2026 · leading case: Robert W Szymczak, II v. Laura M Kane, 585 S.E.2d 349 (Va. Ct. App. 2003).

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Robert W Szymczak, II v. Laura M Kane, 585 S.E.2d 349 (Va. Ct. App. 2003). · cites it 2× “§ 1405 (administrative and judicial dispute-resolution procedures involving congressional complaints); 5 U.S.C. § 580 (review of arbitration awards); 8 U.”

Guardian Flight v. Health Care Serv., 140 F.4th 271 (5th Cir. 2025). “It incorporated only parts of § 10. See 42 U.S.C.”

Gov't of Virgin Islands v. 0.459 Acres of Land, 886 F. Supp. 2 (D.V.I. 1995). “See, 5 U.S.C. § 580 (c). Citation to relevant authority is required by the Local Rules of Civil Procedure.”

Henry Bey v. United States (Fed. Cl. 2021). · cites it 2× “Since this matter is against an institution registered and licensed with the United States, during the time of its conduct is construed as one and the same as a matter of law; the Federal Court of Claims at the election of the Claimant, chosen proper jurisdiction to 3 In his…”

Samson Tug & Barge Co., Inc v. Int'l Longshore & Warehouse Union (D. Alaska 2021). “]’”32 However, Samson acknowledges this arbitration was conducted pursuant to a private contract and not under 5 U.S.C. § 580 but argues that the policy considerations are nonetheless instructive, and the Court should consider the merits of Samson’s petition.”

Fed. Deposit Ins. Corp. v. Ernst & Young LLP (E.D. La. 2024). “, just “as CBNB would have been.” No. 92- 2051-EEO, 1994 WL 242670 , at * 1 (D.”

Eletson Holdings Inc. v. Levona Holdings Ltd. (S.D.N.Y. 2025). “§ 10 (c) (in arbitration actions involving federal agencies pursuant to 5 U.S.C.A. § 580 , the district court may vacate an 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 award is…”

Modern Orthopaedics of NJ v. Premera Blue Cross (D.N.J. 2025). “, 5 U.S.C. § 580 (c) (“A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9.”

Freeman Pain Inst. P.A. d/b/a Redefine Health v. Horizon Blue Cross Blue Shield of New Jersey (D.N.J. 2025). “, 5 U.S.C. § 580 (c) (“A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9.”

Ne. Neurosurgical Assocs. v. Horizon Blue Cross Blue Shield of New Jersey (D.N.J. 2025). “, 5 U.S.C. § 580 (c) (“A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9.”

Garden State Pain Mgmt. v. Horizon Blue Cross Blue Shield of New Jersey (D.N.J. 2025). “, 5 U.S.C. § 580 (c) (“A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9.”

Complete Med. Wellness LLC v. Horizon Blue Cross Blue Shield of New Jersey (D.N.J. 2025). “, 5 U.S.C. § 580 (c) (“A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9.”

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