Cortez Byrd Chips, Inc. v. Bill Harbert Constr. Co., 529 U.S. 193, 5 (2000)

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Cite as: 529 U. S. 193 (2000)

Opinion of the Court

Valley Typographical Union No. 46 v. McClatchy Newspapers, 762 F. 2d 741, 744 (CA9 1985) (§ 10 mandatory); Island Creek Coal Sales Co. v. Gainesville, 729 F. 2d 1046, 1049- 1050 (CA6 1984) (§ 9 mandatory); Sunshine Beauty Supplies, Inc. v. United States District Court, Central Dist. of Cal., 872 F. 2d 310, 312 (CA9 1989) (§§ 9 and 10 mandatory); United States ex rel. Chicago Bridge & Iron Co. v. Ets-Hokin Corp., 397 F. 2d 935, 939 (CA9 1968) (§ 10 mandatory). We reverse.

II

Section 9 of the FAA governs venue for the confirmation of arbitration awards:

"If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant 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 prescribed in sections 10 and 11 of this title. 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." 9 U. S. C. §9.

Section 10(a), governing motions to vacate arbitration awards, provides that

"the United States court in and for the district wherein the [arbitration] award was made may make an order vacating the award upon the application of any party to the arbitration [in any of five enumerated situations]."

And under § 11, on modification or correction,

"the United States court in and for the district wherein the award was made may make an order modifying or

197

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