
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 9USC10]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 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; Pub. L. 101-552, Sec. 5, Nov. 15, 
1990, 104 Stat. 2745; Pub. L. 102-354, Sec. 5(b)(4), Aug. 26, 1992, 106 
Stat. 946.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 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 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) which read as follows: ``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.''

                  Section Referred to in Other Sections

    This section is referred to in section 9 of this title; title 5 
sections 580, 581; title 8 section 1182; title 41 section 607.
