Suggestions for the Practice of Commercial Arbitration: In the United States |
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Common terms and phrases
ACT AS ARBITRATORS action adverse party agree agreement to arbitrate American Arbitration Association ANCILLARY REMEDIES AVAILABLE application appoint arbi ARBITRATE FUTURE DISPUTES arbitration agreement arbitration clause arbitrator or arbitrators arbitrators be sworn ARBITRATORS FINAL Attendance of witnesses AWARD ENFORCED bitrators CONFIRMING OR VACATING controversy court of record DISPOSITION AND REVOCABILITY entered fees filed FUTURE DISPUTES VALID GOVERN ARBITRAL HEARINGS GOVERN IN RENDERING issue JUDGMENT CONFIRMING jury trial justice Majority award modify or correct MODIFYING AN AWARD motion N. Y. Law Journal Partial awards person Postponement and adjournment PROCEDURE TO VACATE PROVISIONAL AND ANCILLARY PROVISIONS CONCERNING FORM PROVISIONS TO ARBITRATE questions of law Quorum of arbitrators real property refuses REGULATIONS GOVERN ARBITRAL RENDERING THE AWARD Requisite that arbitrators selection statutes governing stay of proceedings subpoena thereof vacate an award VACATE OR MODIFY VI WHAT REGULATIONS VII WHAT REGULATIONS witnesses and inspect writing XI WHO PAYS York Arbitration Law
Popular passages
Page 175 - 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.
Page 133 - Before acting, they must be sworn before an officer authorized to administer oaths, faithfully and fairly to hear and examine the allegations and evidence of the parties in relation to the matters in controversy, and to make a just award according to their understanding.
Page 112 - 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 as prescribed by law for service of notice of a motion in an action.
Page 158 - Before hearing any testimony, arbitrators selected either as prescribed in this article or otherwise must be sworn, by an officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their understanding, unless the oath is waived by the written consent of the parties to the submission or their attorneys.
Page 211 - ... at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title.
Page 229 - ... shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.
Page 102 - Where there was an evident miscalculation of figures, or an evident mistake in the description of any person, thing or property, referred to in the award.
Page 229 - Five days' notice in writing of such application shall be served upon the party in default. Service thereof shall be made in the manner provided by the Federal Rules of Civil Procedure.
Page 161 - When the submission is made an order of the court, the award must be filed with the clerk, and a note thereof made in his register. After the expiration of five days from the filing of the award, upon the application of a party, and on filing an affidavit, showing that notice of filing the award has been served on the adverse party or his attorney, at least four days prior to such application, and that no order staying the entry of judgment...
Page 231 - ... and is subject to all the provisions of law relating to, a judgment in an action; and it may be enforced, as if it had been rendered in an action in the court in which it is entered. § 2381. Appeal. An appeal may be taken from an order vacating an award, or from a judgment entered upon an award, as from an order or judgment in an action.