Section 52 Confirmation or Vacation of Arbitration Awards

• Library: Consumer Law and Practice 2010

To confirm an arbitration award in accordance with 9 U.S.C. § 9 of the FAA (Federal Arbitration Act), 9 U.S.C. § 1 et seq., a party must file a suit within one year of the award; the MUAA (Missouri Uniform Arbitration Act), § 435.350 et seq., RSMo 2000, does not provide any time limit. Under the FAA, an action to vacate an arbitration award must be filed within 3 months of the date of the award. 9 U.S.C. § 12. Under the MUAA, an action to vacate an award must be filed within 90 days of the award. Section 435.405.2, RSMo 2000.

Under the FAA, actions to confirm or deny awards must be filed where the award was rendered. 10 U.S.C. § 10(a). Missouri courts have jurisdiction to review an award only when Missouri is the place of the arbitration in accordance with the arbitration contract. Section 435.430, RSMo 2000; see also Gov't e-Mgmt. Solutions, Inc. v. Am. Arbitration Ass'n, Inc., 142 S.W.3d 857, 860-61 (Mo. App. E.D. 2004) ("The 'source of the court's jurisdiction to act in arbitration matters is wholly derived from' the UAA."); Teltech, Inc. v. Teltech Commc'ns, Inc., 115 S.W.3d 441, 442 (Mo. App. W.D. 2003). The contract provisions designating "the place of arbitration control jurisdiction, even when the suit is...