Confirming or vacating arbitration awards: be aware of a potential time trap
The Federal Arbitration Act (FAA) and state arbitration statutes can present different statutes of limitation for the confirmation of an arbitration award and different statutes of limitation for motions to vacate. For example, under the FAA, a party who is dissatisfied with an arbitration award must bring a motion to vacate within a short 90 day period of limitation. However, a party seeking to confirm an arbitration award under the FAA has a one year period within which to do so. Given the broad scope of the Federal interstate commerce clause, more arbitrations may be subject to the FAA than is realized by arbitration practitioners.