· 12/6/1984
Florasynth, Inc. v. Alfred Pickholz
Citations
- 750 F.2d 171
- 1984 U.S. App. LEXIS 16104
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that under section 12 “a party may not raise a motion to vacate, modify, or correct an arbitration award after the three month period has run, even when raised as a defense to a motion to confirm’
- explaining that 9 U.S.C. § 12 bars an untimely effort to vacate an arbitration award whether raised in a formal motion to vacate or “as a defense to a motion to confirm”
- suggesting that party-appointed arbitrators are \not to act merely as partisan advocates\
- explaining that confirmation of an award is “a summary proceeding that merely makes what is 14 A court may also reject a petition if recognition or enforcement of the award would be contrary to domestic public policy. New York Convention, art. V(2)(b
- holding, also, that “there is no 3 A submission is “unrestricted” where, as here, the parties’ agreement conferring the arbitrator’s authority over the dispute imposes no limitations on the breadth of issues to be resolved. See Service Agreement at ¶ 21(b) (Doc. No. 20-3
- observing further that because action to enforce arbitration award is “a creature of statute ... unknown in the common law,” there is also “no common law exception” to service period for motion to vacate arbitration award
Source: CourtListener parenthetical corpus (CC0).
Judges: Van Graafeiland, Cardamone, MacMahon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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