§10. Same; vacation; grounds; rehearing

(a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration-

(1) Where the award was procured by corruption, fraud, or undue means.

(2) Where there was evident partiality or corruption in the arbitrators, or either of them.

(3) 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.

(4) 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.

(5) 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.

(b) The United States district court for the district wherein an award was made that was issued pursuant to section 580 of title 5 may make an order vacating the 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 use of arbitration or the award is clearly inconsistent with the factors set forth in section 572 of title 5.

(July 30, 1947, ch. 392, 61 Stat. 672 ; Nov. 15, 1990, Pub. L. 101–552, §5, 104 Stat. 2745 ; Aug. 26, 1992, Pub. L. 102–354, §5(b)(4), 106 Stat. 946 .)

Amendment of Section

For termination of amendment by section 11 of Pub. L. 101–552, see Termination Date of 1990 Amendment; Savings Provision note below.

Derivation

Act Feb. 12, 1925, ch. 213, §10, 43 Stat. 885 .

Amendments

1992-Subsec. (b). Pub. L. 102–354 substituted "section 580" for "section 590" and "section 572" for "section 582".

1990-Pub. L. 101–552 temporarily designated existing provisions as subsec. (a), in introductory provisions substituted "In any" for "In either", redesignated former subsecs. (a) to (e) as pars. (1) to (5), respectively, and added subsec. (b). See Termination Date of 1990 Amendment; Savings Provision note below.

Termination Date of 1990 Amendment; Savings Provision

For termination of amendments by Pub. L. 101–552 and authority to use dispute resolution proceedings on Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101–552, set out as a Termination Date; Savings Provision note under section 571 of Title 5, Government Organization and Employees.

Section Referred to in Other Sections

This section is referred to in section 9 of this title; title 5 sections 580, 581; title 41 section 607.