Document type: Toolkit Practice area: Litigation — Arbitration Jurisdiction: United States (federal) Last reviewed: 5 September 2026

Post-award practice is form-heavy and deadline-driven, which makes it well suited to templates. What follows is working language for each step, with notes on the parts that decide outcomes.

1. Post-award deadline tracker

Fill this in the day the award arrives and circulate it.

MATTER: ____________________  AWARD DELIVERED: __________ (date/time)
INSTITUTION / RULES: ________  SEAT: ____________________
CONVENTION AWARD? [ ] Yes  [ ] No   (9 U.S.C. § 202)

DEADLINE                                DATE       OWNER   DONE
Institutional correction request        ______     _____   [ ]
  (rule ____, ____ days)
Institutional completion request        ______     _____   [ ]
  (omitted submitted claim)
Arbitral appeal notice (if adopted)     ______     _____   [ ]
§ 12 vacatur service — 3 MONTHS         ______     _____   [ ]
§ 9 confirmation — 1 year               ______     _____   [ ]
§ 207 confirmation — 3 years            ______     _____   [ ]
Payment date stated in award            ______     _____   [ ]
Client decision on path                 ______     _____   [ ]
  (pay / challenge / enforce / negotiate)

JURISDICTION FOR CONFIRMATION:
[ ] Open federal case (arbitration stayed under § 3) — case no. ______
[ ] Diversity — § 1332; award $__________
[ ] Convention — § 203 / § 205
[ ] State court — court: ______________________

Drafting notes. The § 12 date is the one that matters. Set the calendar reminder at thirty days out, not seven; assembling a partiality record takes weeks. The "client decision" line forces a date on a decision that otherwise drifts.

2. Petition to confirm an arbitration award

[COURT]

[PETITIONER],                      Case No. ______
     Petitioner,
v.                                 PETITION AND MOTION TO
                                   CONFIRM ARBITRATION AWARD
[RESPONDENT],                      (9 U.S.C. §§ 9, 13)
     Respondent.


Petitioner [___] respectfully moves this Court under 9 U.S.C.
§ 9 for an order confirming the arbitration award entered in its
favor on [date], and for entry of judgment thereon under 9
U.S.C. § 13.

                          BACKGROUND

1. On [date], Petitioner and Respondent entered into the
[Agreement], Section ___ of which provides that disputes shall
be resolved by binding arbitration administered by [institution]
under its [rules], and that "judgment upon the award rendered by
the arbitrator may be entered in any court having jurisdiction
thereof." [Agreement, Ex. 1.]

2. On [date], Petitioner filed a demand for arbitration. The
arbitration was administered by [institution] as Case No. ____.

3. A hearing was held on [dates] before [arbitrator(s)]. Both
parties were represented by counsel, presented evidence, examined
and cross-examined witnesses, and submitted post-hearing briefs.

4. On [date], the arbitrator issued a [reasoned] Final Award
[Ex. 2] awarding Petitioner $________ in damages, $________ in
prejudgment interest, $________ in attorney's fees, and $______
in costs, for a total of $__________, payable within ____ days.

5. The Award was delivered to the parties on [date] [Ex. 3].

6. Respondent has not paid any portion of the Award.

7. No motion to vacate, modify, or correct the Award has been
served, and the three-month period under 9 U.S.C. § 12 [expired
on ____ / expires on ____].

                  JURISDICTION AND VENUE

8. This Court has subject matter jurisdiction under 28 U.S.C.
§ 1332 because Petitioner is a citizen of ____, Respondent is a
citizen of ____, and the amount in controversy — the amount of
the Award — exceeds $75,000 exclusive of interest and costs.
[OR: under 9 U.S.C. § 203, because the Award falls under the
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. OR: this action is the same action in which
this Court compelled arbitration and stayed proceedings under 9
U.S.C. § 3, Dkt. ___.]

9. Venue is proper under 9 U.S.C. § 9 because the Award was made
in this district [or: because the Agreement designates this
Court].

                           ARGUMENT

10. Section 9 provides that upon a timely application, "the
court must grant such an order [confirming the award] unless the
award is vacated, modified, or corrected as prescribed in
sections 10 and 11 of this title." Confirmation is mandatory.

11. No ground under § 10 or § 11 has been asserted, and the time
to assert one has expired.

12. Petitioner has filed the papers required by 9 U.S.C. § 13:
the Agreement (Ex. 1), the Award (Ex. 2), and proof of delivery
(Ex. 3).

                     RELIEF REQUESTED

Petitioner requests that the Court (a) confirm the Award; (b)
enter judgment in the amount of $__________ plus post-judgment
interest under 28 U.S.C. § 1961; (c) award costs; and (d) grant
such other relief as is just.

Drafting notes.

Paragraph 8 is the paragraph that gets these dismissed. After Badgerow v. Walters, 596 U.S. 1 (2022), you cannot look through to the underlying dispute. Diversity, the Convention, or an open federal case. Pick one and plead it properly.

Paragraph 1 must identify the judgment-entry authorization. Section 9 conditions confirmation on it. Where the agreement is silent, quote the institutional rule that supplies it and attach the rules.

Paragraph 7 does real work. Stating affirmatively that no timely challenge was served converts a contested proceeding into an unopposed one in the judge's mind.

Do not file this as a complaint with a summons. Section 6 requires FAA applications to be made and heard as motions. Some courts overlook the error; others require a refiling.

Attach a proposed judgment that specifies principal, each interest component, the accrual date, and the applicable post-judgment rate.

3. Motion to vacate — structure and model headings

                     TABLE OF CONTENTS

INTRODUCTION ............................................... 1
   [Two paragraphs. What the arbitrator did that § 10 reaches.
   Not what the arbitrator got wrong.]

BACKGROUND ................................................. 2
   A. The agreement and the arbitration clause
   B. The proceeding
   C. The award
   D. [If partiality:] The undisclosed relationship and how it
      came to light

LEGAL STANDARD ............................................. 6
   Section 10 supplies exclusive grounds. Hall Street. The
   Court does not review the merits. Oxford Health; Garvey.
   [State the standard against yourself. It builds credibility
   and the court will state it anyway.]

ARGUMENT ................................................... 8

I.  THE AWARD MUST BE VACATED UNDER § 10(a)(2) BECAUSE THE
    ARBITRATOR FAILED TO DISCLOSE A MATERIAL RELATIONSHIP
    A. The relationship and its materiality
    B. The disclosure obligation under the applicable rules
       and Commonwealth Coatings
    C. Petitioner did not know and could not have known
    D. No waiver occurred

II. THE ARBITRATOR EXCEEDED HIS POWERS UNDER § 10(a)(4)
    A. The clause withheld authority to award [X]
    B. The arbitrator awarded [X]
    C. This is Stolt-Nielsen, not Oxford Health, because the
       arbitrator did not interpret the clause — he [did not
       address it / decided a claim not submitted / imposed a
       policy judgment]

III. THE APPROPRIATE REMEDY IS [A LIMITED REHEARING BEFORE A
     NEWLY APPOINTED ARBITRATOR UNDER §§ 10(b) AND 5]

CONCLUSION ................................................ 24

Drafting notes.

The Introduction is the whole motion. If a reader who stops after two paragraphs does not know which statutory ground you are invoking and what specific act triggers it, rewrite.

Section II.C is the hard part and it must be confronted directly. Oxford Health will be the centerpiece of the opposition. A brief that does not distinguish it loses. A brief that distinguishes it credibly — by showing the arbitrator did not engage the clause at all — has a chance.

State the deferential standard yourself. Judges know it. A brief that pretends otherwise reads as advocacy without judgment.

Ask for the remedy you want. A general vacatur reopens everything, including issues you won.

On page length: shorter is better here than in almost any other motion. A twelve-page vacatur motion focused on one ground is more persuasive than a thirty-five page motion that argues four.

4. Institutional correction / completion request

VIA [INSTITUTION] CASE FILING SYSTEM

Re:  [Institution] Case No. ______
     [Claimant] v. [Respondent]
     Request under Rule ___ for [Correction of the Final Award /
     Completion of the Final Award as to a Submitted Claim]

Dear Case Manager:

Pursuant to Rule ___ of the [rules], [Party] respectfully
requests that the Tribunal [correct / complete] the Final Award
issued on [date].

[FOR A COMPUTATIONAL ERROR:]
Paragraph __ of the Award states damages of $________. The
component figures set out in paragraphs __ through __ total
$________. The difference of $________ appears to be a
computational error. [Party] requests correction under Rule ___,
which authorizes the Tribunal to correct clerical,
typographical, and computational errors.

[FOR AN OMITTED CLAIM:]
The Award does not address [Party]'s claim for ____________.
That claim was asserted in the Demand at ¶ __ (Ex. A), addressed
in the Pre-Hearing Brief at pp. __-__ (Ex. B), presented at the
hearing (Tr. __:__-__:__), and briefed in the Post-Hearing Brief
at pp. __-__ (Ex. C). [Party] respectfully requests that the
Tribunal complete the Award by determining this claim.

[Party] does not seek reconsideration of any matter the Tribunal
has decided, and this request is not an application for
rehearing or reargument.

Respectfully submitted,

Drafting notes.

The last paragraph is not boilerplate. Panels reject correction requests that are disguised reargument, and a request that looks like reargument may prejudice the panel on a legitimate point. Say plainly what you are and are not asking.

Attach the record. For an omitted-claim request, the demand, the briefs, and the transcript citations establish that the claim was submitted. Without them, the panel has to take your word.

Calendar § 12 anyway. A pending correction request does not toll the three-month vacatur deadline in most courts.

Move fast. The institutional windows are typically twenty to thirty days from delivery. Read the specific rule; they vary.

5. Jurisdiction decision tree — confirmation and vacatur

Is there an open federal case in which the court compelled
arbitration and STAYED proceedings under § 3?
   YES → File the motion in that case. Cleanest route.
   NO  ↓

Does the award fall under the New York Convention?
   (§ 202: not entirely between U.S. citizens, OR between U.S.
    citizens with property abroad, performance abroad, or a
    reasonable relation to a foreign state)
   YES → Federal jurisdiction under § 203; no amount or
         citizenship requirement; removal available under § 205.
   NO  ↓

Is there complete diversity, with the award > $75,000?
   YES → Federal jurisdiction under § 1332. Plead the
         citizenship of every party and member.
   NO  ↓

→ STATE COURT. Every state has a confirmation procedure.

NEVER: federal question jurisdiction based on the subject of the
underlying dispute. Badgerow forecloses look-through for §§ 9
and 10.

Drafting notes.

For LLC and partnership parties, citizenship runs through every member or partner, and diversity fails if any tier destroys it. Plead the chain.

The amount in controversy is the award. Where the award is below $75,000, diversity does not help.

Always request the § 3 stay when compelling arbitration. Smith v. Spizzirri, 601 U.S. 472 (2024) requires a stay on request rather than dismissal, and the retained case is the easiest path to federal confirmation later. This is a decision made at the beginning of the dispute that determines options at the end of it.

6. Debtor examination outline

For use after judgment enters. Adapt to the applicable state procedure.

I.   ENTITY STRUCTURE
     Parent, subsidiaries, affiliates, and common ownership
     Officers, directors, managers, and members
     Organizational chart; operating agreements
     Any entity formed within 24 months and why

II.  BANK AND FINANCIAL ACCOUNTS
     Every institution, account number, signatory, and balance
     Merchant processors and payment platforms
     Lines of credit; lenders; security interests
     Accounts closed in the last 24 months

III. RECEIVABLES
     Customer list; aging report
     Factoring or assignment arrangements
     Largest ten customers and payment terms

IV.  TANGIBLE ASSETS
     Real property owned or leased
     Vehicles, equipment, inventory — locations and liens
     Any asset transferred in the last 24 months, to whom,
     for what consideration, and why

V.   INTANGIBLE ASSETS
     Intellectual property; domain names; licenses
     Equity interests in other entities
     Claims and causes of action the debtor holds

VI.  INSURANCE
     Every policy; carriers; limits; pending claims

VII. TRANSFERS AND DISTRIBUTIONS
     Distributions to owners in the last 24 months
     Compensation to insiders
     Intercompany transfers, loans, and forgiveness
     Payments to related entities

VIII. OTHER OBLIGATIONS
     Secured creditors and priority
     Other judgments and pending litigation
     Tax liabilities

Drafting notes.

Section VII is where the money is. Transfers to affiliates for nominal consideration, made after a demand was filed, are the classic voidable transaction, and the examination is where you find them.

Take it early. Every month of delay is a month of asset movement, and the answers get vaguer as the transactions age.

Serve document requests first, then examine. An examination without documents is a fishing trip; an examination with the bank statements in front of you is a deposition.

7. Model arbitration clause — post-award provisions

Insert into the dispute resolution article. This is the toolkit's most valuable page, because it prevents everything else in it.

(a) Arbitration. Any dispute arising out of or relating to this
Agreement shall be finally resolved by binding arbitration
administered by [institution] under its [rules] then in effect.

(b) Seat. The legal seat of the arbitration shall be [city,
state], and the law of the United States (including the Federal
Arbitration Act, 9 U.S.C. §§ 1-16) and of [state] shall govern
the arbitration and any proceedings relating to the award.
Hearings may be held elsewhere by agreement without changing the
seat.

(c) Number and selection. [One / Three] arbitrator(s) selected
under the [rules]. [For three: each Party appoints one; the two
appointees select the chair within 30 days.]

(d) Disclosure. Each arbitrator shall disclose, in writing and
by name, (i) any professional, business, or financial
relationship with any Party, its affiliates, or their counsel
within the preceding five years, including compensation of any
kind, appointments as arbitrator or expert, and speaking or
writing engagements sponsored or funded by any of them, and
(ii) any such relationship arising during the arbitration,
within 10 days of its arising. A Party shall raise any objection
to a disclosed relationship within 15 days of the disclosure or
the objection is waived.

(e) Authority. The arbitrator shall have no authority to: (i)
award consequential, incidental, special, punitive, exemplary,
or multiplied damages; (ii) award damages exceeding [cap]; (iii)
award relief on a class, collective, or consolidated basis; or
(iv) modify, amend, or disregard any express term of this
Agreement. Any award exceeding these limits shall be deemed to
exceed the arbitrator's powers within the meaning of 9 U.S.C.
§ 10(a)(4).

(f) Form of award. The arbitrator shall issue a reasoned award
in writing [including findings of fact and conclusions of law],
within [60] days of the close of the record. The award shall
state separately the amounts awarded for damages, interest,
fees, and costs.

(g) Interest. Prejudgment interest shall accrue at ___% per
annum from [date/event]. Post-award interest shall accrue at
___% per annum until paid.

(h) Fees and costs. The arbitrator [may / shall] award the
prevailing Party its reasonable attorney's fees and the costs of
the arbitration, including the arbitrator's compensation and the
administrative fees of [institution].

(i) Appeal. [OPTION A: The award shall be final and binding and
not subject to appeal, except as provided by the Federal
Arbitration Act.] [OPTION B: The [institution]'s Optional
Appellate Arbitration Rules shall apply. An appeal must be filed
within 30 days of the award. The decision of the appellate
tribunal shall be the final award for purposes of judicial
confirmation.]

(j) Confirmation. Judgment upon the award may be entered in any
court having jurisdiction thereof. The Parties consent to the
jurisdiction of [the courts of the State of ____ located in
____ County] for any proceeding to confirm, vacate, modify, or
correct the award, and agree that such proceedings may be
brought in that court regardless of whether a federal court
would have jurisdiction.

(k) Confidentiality. The existence, content, and result of the
arbitration shall be confidential, except as necessary to
confirm or enforce the award, to comply with law, or to satisfy
a disclosure obligation to an insurer, auditor, lender, or
regulator.

Drafting notes.

Subsection (e) is the single most important paragraph. It converts substantive limits into limits on authority, which is the only form Hall Street and Oxford Health leave reviewable. Note the final sentence, which ties the limits expressly to § 10(a)(4).

Subsection (d) does not expand judicial review — nothing can — but it creates a concrete duty a party can enforce during the arbitration, when enforcement still works, and it sets a fifteen-day objection window that protects the award from a late-surfacing challenge.

Subsection (j) responds directly to Badgerow. Naming a state court that will have jurisdiction removes a fight that costs months and produces nothing.

Subsection (b) distinguishes seat from venue. Clauses that name a "location" without naming a seat leave open which court has supervisory authority, and that question gets litigated.

Subsection (i) is a real choice. Option B adds thirty to ninety days and modest cost, and it is the only lawful route to error correction. Use it for clauses governing existential disputes; skip it for routine vendor agreements.

8. Quick reference — which paper, which deadline

You want to File Deadline Authority
Fix a math error Correction request to the panel 20–30 days (rules) Institutional rules
Get an omitted claim decided Completion request to the panel 20–30 days (rules) Rules; functus officio exception
Set the award aside Motion to vacate 3 months from delivery 9 U.S.C. § 12
Fix a miscalculation in court Motion to modify/correct 3 months 9 U.S.C. § 11
Turn the award into a judgment Petition to confirm 1 year 9 U.S.C. § 9
Confirm a Convention award Petition to confirm 3 years 9 U.S.C. § 207
Enforce in another district Register the judgment Any time 28 U.S.C. § 1963
Appeal a vacatur or denial Notice of appeal Per FRAP 9 U.S.C. § 16

Related documents

This toolkit is general information, not legal advice, and does not create an attorney-client relationship. Templates require adaptation by counsel to the facts, the governing arbitral rules, and the law of the seat.