673
61 STAT.]
80TH CONG., 1 ST SESS.-CH. 392-JULY 30, 1947
vacating the award upon the application of any party to the
arbitration-
(a) Where the award was procured by corruption, fraud, or undue
means.
(b) Where there was evident partiality or corruption in the arbi-
trators. or either of them.
(c) Where the arbitrators were guilty of misconduct in refusing
to postpone the hearing, upon sufficient cause shown, or in refusing
to hear evidence pertinent and material to the controversy; or of any
other misbehavior by which the rights of any party have been
prejudiced.
(d) Where the arbitrators exceeded their powers, or so imperfectly
executed them that a mutual, final, and definite award upon the
subject matter submitted was not made.
(e) Where an award is vacated and the time within which the
agreement required the award to be made has not expired the court
may, in its discretion, direct a rehearing by the arbitrators.
SAME; MODIFICATION OR CORRECTION; GROUNDS; ORDER
§ 11. 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 sub-
mitted 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.
NOTICE OF MOTIONS TO VACATE OR MODIFY; SERVICE;
STAY OF PROCEEDINGS
§ 12. 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 dis-
trict 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.
PAPERS FILED WITH ORDER ON MOTIONS; JUDGMENT; DOCKETING;
FORCE AND EFFECT; ENFORCEMENT
§ 13. The party moving for an order confirming, modifying, or
correcting an award shall, at the time such order is filed with the
clerk for the entry of judgment thereon, also file the following
papers with the clerk:
95347°-48 --pt. 1
43
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