§ 12. — Notice of motions to vacate or modify; service; stay of proceedings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 9USC12]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 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.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 12, 43 Stat. 885.
Section Referred to in Other Sections
This section is referred to in title 5 sections 580, 581; title 41
section 607.