Abraham J. Gafni, Neutral, Mediator and Arbitrator with ADR Options. Courtesy photo

Equitable Tolling of the FAA's Deadline for Vacating an Arbitration Award

Section 12 requires that "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." Courts have generally been quite strict in holding that such notices be filed within the three-month period.

August 14, 2023 at 11:12 AM

7 minute read

Alternative Dispute Resolution

Abraham J. Gafni

ADR

The Federal Arbitration Act (FAA), 9 U.S.C. Section 10(a) authorizes a district court "upon the application of any party to the arbitration" to vacate an arbitration award under a limited set of circumstances, including "where the award was procured by corruption, fraud or undue means." Section 12 requires that "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." Courts have generally been quite strict in holding that such notices be filed within the three-month period.