Section 9 Of The Federal Arbitration Act Is Procedural, Not Substantive.

Arbitration panel

Arbitration panel

One party to an arbitration petitioned to the superior court to confirm the award of the arbitrator. The other party objected because the parties did not agree in their arbitration agreement that the award could be judicially confirmed as required by section 9 of the Federal Arbitration Act [FAA; 9 U.S.C. § 9.]. The trial court confirmed the award, and the Court of Appeal affirmed, stating, “section 9 of the FAA is procedural, not substantive, and therefore does not apply in state court proceedings.” Swissmex-Rapid S.A. de C.V. v. SP Systems, LLC  (Cal. App. Second Dist., Div. 3; December 28, 2012) (As Mod. January 4, 2013) 212 Cal.App.4th 539.

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