Page:United States Statutes at Large Volume 44 Part 1.djvu/182

 § 8 :1*17*1.-1; 9i—4#--11 record. tlocnilneiit, or paper which may be deemed material as eriilexpitre in the case. The fees for such 2ltt0l1tl81l(‘€ shall be _the same as the fees of witnesses before masters of the United 4 States couits. --Said summons shall issue in the nameof, the _2ii'bit1`2lttll` or arbitrators, or a majority of them, and shal1 he _ signed by the arbitrators, or :1 majority ofiheni, and sliallvbep directed" to the said person and shall- be served, in the same . manner as subpoenas to appear and testify before `the court; if any person or persons so summoned to testify shall refuse or neglect to obey said supnnnons. upon petitio·n.`ithe United States court in andW_t%or the district in- which Msucharbitrators, ora majority of them, are sitting may; compel the attendance of such person or persons before said arbitrat-or or arbitrators, or punish said. person or persons for contempt in the S8iIllC‘1ll{lIl1l(}1l providcdon l··‘ebruary·12, 1925, for .seeuring·tl1e attendance of witnesses or theirpunishmentfor neglect or refusal to·attend in the courts of the `_United,S`tates.f (Feb. 12, 1925, c. 213, § 7,,43 Stat..8S-1.) _ 8. Proceedings begun by libel in adiniralty `andiseizurei of i vessel or property.--·If the basis of jurisdiction be acause of action otherwise “ justiciable in» admiralty} then, notwithstanding anything- herein to the*?contra-ry,the party claiming to be. aggrieved may begin his- proceeding hercundenby ilibel and seizure of the xiesselior other'property of the otheigqparty aocordingi to the usual course of admiralty proceedings, and the court, shall then have jurisdiction to direct the parties to proceed. with illlé arbitration, and shall retain jurisdiction `to enter its decree upon the award. (Feb. 12, -1925, c. 213, 58, 43 Stat._-881.) 9. Award of arbitrators} confirmation; jurisdiction; procedurc.—If the parties in their agreement have agreed that a judtrment. of the court __shall`be,entered upon. the award--made - pursuant. to the arbitration, and shall specify the courtpthén - at Pany time within one year aftt-r.,the award is made any? party to the arbitration may, apply to the court~so speciflcill _ for an order conllrm-ing the award, janidw-tliereupon, the court? ·must grant such an order unless the award is vacated? modl-1 fied; or corrected asprescribed, in sections 10 and 11 of this l title. If no court is specified in the agreement of the parties,_l then such application may be madcto the United States court in { and for the district within which l such awardrwas made: Noticeh of. the application shall, be served. upon the adverse party, and thereupon the courtslnall hare jurisdiction of such party as though he had appeared generally inéthe proceeding., It the, adverse partyds 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 phy law for serviceotiiiotice of niotion;in an action in the same court. `It the ad-. verse party shall be a nonresident, then__ the notice of the application 'siiall be served by the marshal of -any_district. within _ which the adverse party in_ay,be found in like manner as other process of the court. (iFeli,_g12, 1925, c.' 213, § 9, '43 Stat. 885,)- .` 10. Same; vacation: grounds: rehearing.--—-In either of, the following cases the United States court in and for the distrlcti wherein the ward‘w,as mane, may make an orderlvacating the award upon the application of any party to the? arbitration»—-` · (si)- ,Wherc the award was- procured phy corruption, fraud', orundue means. 3  A y, - - _~ · _ i ·f * M (11)-Where there was evident partlality or corruption or the arbitrators, or`i·it.l1(·l’ of them., t  t I y ° ,j(c) Where the ·arhitra-tors 'wcrc ·gullty of misconduct in ref1_1sin;.;;to postpone the hearing, upon .sutiicic,n`t cause shown, or in refusing { to hear evidence pertinent andvmatcrial to the `tieontrovcrs-ygt, or ofvany other mishchavior hy; which the rights of any partyhave been- prejudiced. S . { S K Q,} _ _ ·».Anxn1 {J _ See Title ¥13,iIfiJnmo LANi)'S._ _ _  Anmoniizs an _ see cram 60, win. `

Fi’I£1§I’.RAi1’ION. i 163 t (,3) _\\’.hore the arbitrators exceeded their powers., or so 5,,,. pQpf€;Cg1_y executed them that `a mutual, final, and dt-s,,g;,, award upon the subject matter suhnxifted was not made;  " ‘ Q t (o) Where anaward is evacatéd and the time within win,-1, the agreement required the award to bemade njas not expirld the court- may, in its discretion, direct a rehearing by mp, arbitrators. ‘· (Feb. 12, 1925,,c. 213,i§ 19.. 43 Stat. 88,5.)  1~1. Same; modification or correction; ._1g‘r0unds;` order.~-z,“, either of the following cases the United States court in nand for ( _ the district wherein the award was made- may- make an om--l~ i modifying or correcting the awarcl" noon the application .,,,· ianyparty to the larlviitrationle-· t _ _ ., - x .   4 _ _ (a) ‘Where_ there was an evident material miscalculation or figures or an evident material mistake in thedeseriptinna.nt _ any personpthing, orproperty referred to- in the award, 2 1, (b) Where the arbitrators have awarded upon a matter not ° » _submit‘tedJ togthem, unless it .is a matter not a_i’feeting_tht·" merits of the decision ll.D0!lJ the matter submitted. I .· (-e) Where the award-is,imperfect in matter of form ang affecting the merits of the controversy. » ._ . . The order. may modify °andr.correet them award, so as to effect the intent, thereofi and promote justice between ¢ the parties. . (Feb. 12, 1925,c. 213, § 11,,43 Stat. 885.) i · ` 12. Notice of motions to·vacate or modify; service; stay of pr0ceedi¤gs.—Notice of a motion totvacate, modify, or rorwel an award must be served upon. theindverse party or his attorney within three months: after the award is filed__ror· do- \ livered.· ”If the adverse party is .a resident of the district with-. T in which the award was made, sucl1Q'lsex·xji<.·e`shall be madetupon the adverse party or his attorney as prescribed by law for serv-. _ ice of notice of motion in an action in the same court. If the - adverse party Shall be a nonresident th_en the notice of theapplication shall he served by the marshal of any district within which ` the adverse party may lie_fonnd_ at like manner- another [process. of the,conrt._‘ For the purposes of’the‘·motion any `judgejwho . might niakein order tostay the proceedings in an action brought i in the .same—court may make an order, to be served with the *-2- ·-notiee ofi'mot”lon, staying the proceedings of the adverse party to enforcethe aniardl ,(Feb:·12, 1925, c. 213, S 12, 43 Stat.`8S5.) t °13. Pancrs tiled .with`order‘ on" motions; judgment; docket-- r ingpforce and effect; enforcement.-—-The party moving for an!, order confirming, modifying, or correcting an award- shall, at the time such order is filed with the clerk for the entry of judgment t_hereon,—·also tile the following lpapers with the clerk:   2 t (tl) The agreemenfifthe select.l°on or appointment, lf any, of l an addltionznliitarbitrator or umpire; and each written extension I of thetime, it any, within which to make the award. 1 .  ; (b) The award., ‘ — _ ‘ ‘_  -(c) Eachfnotice, aHidavit,',or other- paper used upon an an- ` plication to confirm, modify, or. tsorrect the awardi and a- teeny · , ofeach order of thegccnirt upon such an application.   j'  The judgment, shul be docketed as if it was rendered in an · ;-_ action.   lt       . \  ” _· . '1‘he.Tj.ndgment‘ soientered shall have the same force and,etfel·t, <. inwallrespeets, ns, and snhject_to all the provisions of law` relatlng°to,_a judsmentin an action; and it may`he~enfo1·¢:l{d as if it had been rendered in an action in the conrt in whteh it is entered; (Feb. 12, 1925, c. 213, § 13, 43 Stat. 886.) < _ ,14. Citation of title.——~ThlS title maybe reféwrred to as ‘* The United States Arbitration Act." ‘(Feb.” 12, 1925, c. 213, 52-1% ·§3`Stat.·SB6.)” » · 1 i Q . .  r `· i j · _15..Contl‘8¢tsi not aHected.-——This title shall not _—applyWto  contracts made prior to February 12, 1925. (Feb. 12. 1925, e. ` 213, § 15,43 Stat. 886.) i ‘ LANDS   l rn‘.4nsnn.u,s _ ‘ ·