Page:United States Statutes at Large Volume 43 Part 1.djvu/916

 SIXTY—EIGHTH CONGRESS. Sess. II. Ch. 213. 1925. 885 property of the other party according to the usual course of admiralty proceedings, and the court shall then have jurisdiction to direct the parties to proceed with the arbitration and shall retain jurisdiction to enter its decree upon the award. O Sec. 9. If the parties in their agreement have agreed that a pmiiiigragvidiiifigcgfd judgment of the court shall be entered upon the award made pur- }’§,§§§,"f’m°“‘ ‘°' ‘“b" suant to the arbitration, and shall specify the court, then 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 pre- Appumionmmm scribed in the next two sections. If no court is specified in the ` agreement of the parties, then such application may be made to the United States court in and for the district within which such. . award was made. Notice of the application shall be served upon S°m°° °!°°t1°°'°t°' the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding. If the adverse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse part shall be a nonresident, then the notice of the application shall, be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. " _ Sec. 10. That in either of the following cases the United States mii?€°m°°°f°w°rd by 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 causes. the arbitration- (a) Where the award was procured by corruption, fraud, or _,,f’°°“’°d by ’“’“d· \1I1(lllB HIGHDS. Partiality, etc., in (b) Where there was evident partiality or corruption in the ¤rbir¤=r¤r· arbitrators, or either of them. Mi d t I bi (c) Where the arbitrators were guilty of misconduct in refusing ¢m¤qi°ig ggeguiixg oi 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. . Im nm H mm (d) Where the arbitrators exceeded their owers, or so imper— orpqxim. wu fectly executed them that a mutual, final, andp definite award upon the subject matter submitted was not made. _ _ V md wm m (e) Where an award is vacated and the time within which the b,,,§§‘gT,,,,d_” W agreement required the award to be made has not expired the court may, in its discretion, direct a rehearing by the arbitrators. _ _ Sec. 11. That in either of the following cases the United States etgfgfgwmygfgyggg; court in and for the district wherein the award was made may_make cation. an order modifying or correcting the award upon the application of any party to the arbitration- _ _ _ For ,,1,,,,,,, mi, (21) Where there was an evident material miscalculation of figures zakeeze. or an evident material mistake ilp the dgscription of any person, thing. or ro ert * referred to in the awar. aw ma (bI)‘ WlIierd)thd arbitrators have awarded upon a matter not sub- ntifsubadtitiggi tm mitted to them, unless it is a matter not affecting the merits of the decision upon the matters submitted. _ _ Imperfect in {,,,,1% (0) lVhere the award is imperfect in matter of form not aifecting em. the merits of the controversy. REMO;.-,.a.,r_ The order may modify and correct the award, so_as to effect the intent thereof and promote justice between the parties. Procedure on mmm Sec. 12. That notice of a motion to vacate, modify, or correct an to vm¤e,m.,mwa. award must be served upon the adverse party or his attorney within