9 U.S.C. § 11

Same; modification or correction; grounds; order

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In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration—(a) Where there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award.(b) Where the arbitrators have awarded upon a matter not submitted to them, unless it is a matter not affecting the merits of the decision upon the matter submitted.(c) Where the award is imperfect in matter of form not affecting the merits of the controversy.

The order may modify and correct the award, so as to effect the intent thereof and promote justice between the parties.

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

Act Feb. 12, 1925, ch. 213, § 11, 43 Stat. 885.

Notes of Decisions
Cited in 499 cases (132 in the last 5 years), 1938–2026 · leading case: Hall Street Assocs., L. L. C. v. Mattel, Inc., 552 U.S. 576 (2008).
Hall Street Assocs., L. L. C. v. Mattel, Inc., 552 U.S. 576 (2008). · cites it 6× “§ 10 , or modified or corrected under the grounds allowable under 9 U.S.C. § 11 ." Id., at 273 . After the District Court again held for Hall Street and the Ninth Circuit again reversed, [1] we granted certiorari to decide whether the grounds for vacatur and modification…”
Mid Atl. Capital v. Bien, 956 F.3d 1182 (10th Cir. 2020). · cites it 11× “to Confirm Award) (quoting 9 U.S.C. § 11 (a)). And the alleged double recovery here appeared only when one delved into the arbitration record.”
CPR Mgmt. SA v. Devon Park Bioventures LP, 19 F.4th 236 (3rd Cir. 2021). · cites it 6× “10 9 U.S.C. § 11 (a)-(c). If 10 9 U.S.C. § 11 provides: In either of the following cases the United States court in and for the district wherein the award was made may make an order modifying or correcting the award upon the application of any party to the arbitration-- (a)…”
Cable Connection, Inc. v. DirecTV, Inc., 190 P.3d 586 (Cal. 2008). · cites it 3× “6; [6] 9 U.S.C. § 11 . [7] ) *1345 As noted at the outset, and discussed further below, in Moncharsh we declared that "`in the absence of some limiting clause in the arbitration agreement, the merits of the award, either on questions of fact or of law, may not be reviewed except…”
Frazier v. CitiFinancial Corp., LLC, 604 F.3d 1313 (11th Cir. 2010). · cites it 3× “” 9 U.S.C. § 11 (b), (c). There is a presumption under the FAA that arbitration awards will be confirmed, and “federal courts should defer to an arbitrator’s decision whenever possible.”
Smarter Tools Inc. v. Chongqing Senci Imp. & Exp. Trade Co., Ltd., 57 F.4th 372 (2d Cir. 2023). · cites it 3× “” 9 U.S.C. § 11 (c); see also Com. Risk Reinsurance Co.”
G.C. & K.B. Investments, Inc., a Louisiana Corp. v. Stuart Wilson Irene Wilson, 326 F.3d 1096 (9th Cir. 2003). · cites it 3× “Nor do the Wilsons claim any mistake within the four corners of the award itself, such as a miscalculation of a sum or a misdescription of a person or thing, 9 U.S.C. § 11 (a), or that the arbitrator acted on a matter not submitted to him, 9 U.”
Guerra v. L&F Distributors, LLC, 521 S.W.3d 878 (Tex. App. 2017). · cites it 5× “” 9 U.S.C. § 11 . The party seeking to vacate or modify an arbitration award bears the burden of proving a ground therefor.”
Hamilton Park Health Care Ctr. Ltd. v. 1199 Seiu United Healthcare Workers East, 817 F.3d 857 (3rd Cir. 2016). · cites it 3× “But they are -silent on whether Tuchman, as the group’s representative, authorized Scheinman to issue such an award.”
AIG Baker Sterling Heights, LLC v. Am. Multi-Cinema, Inc., 508 F.3d 995 (11th Cir. 2007). · cites it 3× “2006)), but a district court may modify or correct an arbitration award “[w]here there was an evident material miscalculation of figures or an evident material mistake in the description of any person, thing, or property referred to in the award,” 9 U.S.C. § 11 (a). The district…”
Ortiz-Espinosa v. BBVA Sec. of Puerto Rico, Inc., 852 F.3d 36 (1st Cir. 2017). · cites it 2× “See 9 U.S.C. § 11 (a). However, § 11 plainly does not provide for modification where claimants’ sole position is that the arbitrators erred in denying their claims.”
Lummus Global Amazonas, S.A. v. Aguaytia Energy Del Peru, S.R. Ltda., 256 F. Supp. 2d 594 (S.D. Tex. 2002). · cites it 4× “9 U.S.C. § 11 . Aguaytia argues that this court has the authority to modify the Final Award to include the stipulation under 9 U.”
— 9 U.S.C. § 11(a) — 2 cases
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