9 U.S.C. § 12
Notice of motions to vacate or modify; service; stay of proceedings
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.
Notes of Decisions
Cited in 651
cases (197 in the last 5 years), 1953–2026 · leading case: Dalla-Longa v. Magnetar Capital LLC, 33 F.4th 693 (2d Cir. 2022).
Dalla-Longa v. Magnetar Capital LLC, 33 F.4th 693 (2d Cir. 2022). “) dismissing a petition to vacate an arbitration award on the basis that petitioner-appellant failed to properly and timely serve notice of the motion to vacate within three months of the date the arbitration award was filed or delivered, as required by the Federal Arbitration…”
Florasynth, Inc. v. Alfred Pickholz, 750 F.2d 171 (2d Cir. 1984). “) held that the Federal Arbitration Act’s three month statute of limitations for motions to vacate, 9 U.S.C. § 12 (1982), barred appellant Alfred Pickholz’ attempt to interpose such a motion as a defense to a motion made by appellee, Florasynth, Inc.”
Chilcott Ent. L.L.C. v. John G. Kinnard Co., 10 P.3d 723 (Colo. Ct. App. 2000). “Kinnard and Brown moved to dismiss on the grounds that Chileott had failed to file the action within the three-month period prescribed in 9 U.S.C. § 12 . I. Chilcott first contends that the three-month notice requirement set out in 9 U.”
Weldon v. Asset Acceptance, LLC, 896 N.E.2d 1181 (Ind. Ct. App. 2008). “" 9 U.S.C. § 12 (emphasis added). The upshot of these provisions, therefore, is that if a party is unhappy with an arbitration award and hopes to have the award vacated, he must (1) file the motion to vacate the award within three months after the award was filed or delivered;…”
DelCostello v. Int'l Bhd. of Teamsters, 462 U.S. 151 (1983). “See also 9 U. S. C. § 12 . Only two States have longer periods one for one year, the other for 100 days.”
FIA Card Servs., N.A. v. Weaver, 62 So. 3d 709 (La. 2011). “" 9 U.S.C. § 12 ; see also La. Rev.Stat. § 9:4213.”
United States v. Park Place Assocs., Ltd., 563 F.3d 907 (9th Cir. 2009). “Under 9 U.S.C. § 12 , a motion to vacate an arbitration award must be filed within three months.”
Theodore Papapetropoulous v. Milwaukee Transp. Servs., Inc., 795 F.2d 591 (7th Cir. 1986). “that the complaint was identical to an action filed by Papapetropoulous *594 in state court, later removed to federal court and subsequently dismissed by Senior District Judge Gordon of the Eastern District of Wisconsin, 4 ***and that in reality the action was an attempt to…”
Ann McLaurin v. The Terminix Int'l Co., LP, 13 F.4th 1232 (11th Cir. 2021). “Compare 9 U.S.C. § 12 with id. § 9. The upshot is that if three months elapse without the losing party having filed a motion to vacate, modify, or change the award, then the losing party will be unable to defend against a later-filed motion for confirmation on any grounds set…”
Fed. Sec. L. Rep. P 96,563 W. Employers Ins. Co. v. Jefferies & Co., Inc., & Warren Nadel, 958 F.2d 258 (9th Cir. 1992). “Although the district court construed Western’s April 25, 1990, summary judgment motion as a motion to vacate within the meaning of 9 U.S.C. § 12 , it found that motion time-barred because it fell outside of the three-month period.”
Karo v. NAU Country Ins. Co., 297 Neb. 798 (Neb. 2017). “The notice requirement under 9 U.S.C. § 12 (2012) is jurisdictional in nature, and a party’s failure to serve notice of an application for judicial vacatur in the manner directed and within the time limits required has jurisdictional consequences.”
United Parcel Serv., Inc. v. Mitchell, 451 U.S. 56 (1981). “The Federal Arbitration Act, 9 U. S. C. § 12 , provides a limitations period of three months.”
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