A district court rejected a petition to vacate an arbitration award as untimely and barred the petitioner from raising any grounds in support of vacatur as affirmative defenses to the respondents’ cross-motion to confirm the award. Glaser v. Legg, No. 12-805 (D.D.C. Mar. 11, 2013). The court noted that the Federal Arbitration Act (FAA) requires that notice of a motion to vacate an award must be served upon the adverse party within three months after the award is delivered. Here, the motion to vacate was filed within three months of delivery of the award but was not served until more than three months had passed. Because the plain text of the FAA requires service of a motion to vacate rather than mere filing within the three month time limit, and the court has no authority to extend the statutory deadline for service, the motion was denied as untimely. Moreover, the petitioner was barred from raising arguments in favor of vacatur in opposition to the cross-petition to confirm.
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Court rejects late challenge to arbitration award
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