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This article describes the general U.S. federal framework in 9 U.S.C. §§ 9–13. State arbitration laws, international arbitration, labor arbitration, and specialized statutes may use different procedures, standards, or deadlines. Which rules govern a particular award depends on the circumstances.
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What “binding” means under the FAA
Under FAA § 9, when the arbitration agreement provides for judgment to be entered on the award and specifies a court, a party may apply to that court for confirmation within one year after the award. The court must confirm the award unless it is vacated, modified, or corrected under FAA §§ 10 or 11. If the agreement does not specify a court, § 9 identifies the U.S. court in the district where the award was made. The statute also requires notice of a confirmation application. Read 9 U.S.C. § 9.
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Can you appeal an arbitration award?
Not as a general opportunity to reargue the merits under the FAA provisions discussed here. A party may ask a court to vacate an award on specified grounds or to modify or correct particular errors. Simply believing the arbitrator reached the wrong result is not one of the grounds listed in § 10. Whether specific conduct or an error fits a statutory ground depends on the facts and the law that governs the arbitration.
When can a court vacate an award?
FAA § 10(a) allows a court to vacate an award on a party’s application in the following circumstances:
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- The award was procured by corruption, fraud, or undue means.
- There was evident partiality or corruption in an arbitrator.
- An arbitrator engaged in specified misconduct—for example, refusing to postpone a hearing despite sufficient cause, refusing to hear pertinent and material evidence, or other misbehavior that prejudiced a party’s rights.
- The arbitrators exceeded their powers, or so imperfectly executed them that they did not make a mutual, final, and definite award on the subject matter submitted.
These are statutory categories, not a guarantee that an allegation will succeed. The relevant facts, governing regime, and controlling law matter. Read 9 U.S.C. § 10.
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One free scan finds every outdated or missing driver and matches the right update for your exact hardware.Free scan · exact hardware matchWhen can an award be modified or corrected?
Modification or correction under FAA § 11 is distinct from vacatur: it addresses limited defects rather than asking the court to set the award aside altogether. The statute permits correction or modification for:
- An evident material miscalculation of figures or an evident material mistake in the description of a person, thing, or property.
- An award on a matter not submitted to the arbitrators, unless the matter does not affect the merits of the submitted decision.
- An imperfection in the form of the award that does not affect the merits of the controversy.
Vacatur versus correction: which kind of relief?
| Relief | Purpose | FAA grounds |
|---|---|---|
| Vacatur | Set the award aside. | Corruption, fraud, or undue means; evident arbitrator partiality or corruption; specified prejudicial misconduct; or exceeding or imperfectly executing arbitral powers so that no mutual, final, definite award was made. FAA § 10. |
| Modification or correction | Fix a limited error without setting aside the award altogether. | Evident material calculation or description error; a matter not submitted, subject to the statutory qualification; or a form imperfection that does not affect the merits. FAA § 11. |
How long do you have to challenge an award?
FAA § 12 states that notice of a motion to vacate, modify, or correct must be served on the adverse party or the party’s attorney within three months after the award is filed or delivered. This is a statutory service requirement, not just an informal target date. Read 9 U.S.C. § 12.
Do not assume this FAA deadline governs every arbitration. Filing and service mechanics, time computation, and any different governing regime should be checked promptly against the applicable law and court rules. A deadline for a particular case cannot be determined from the award date alone without knowing the governing rules and relevant facts.
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Which rules apply to your award?
The FAA provisions above describe a general federal framework; they do not establish which law governs an individual arbitration. State statutes, international arbitration, labor arbitration, and specialized statutory schemes may have different procedures, review standards, or deadlines. Check the arbitration agreement, the award, and the rules or statute applicable to the proceeding. If you are considering a challenge, get qualified legal advice promptly, especially because the FAA’s service period is short where it applies.
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