Under Missouri’s version of the Uniform Arbitration Act, an application to vacate an award shall be made within ninety days after delivery of a copy of the award to the applicant.  R.S.Mo. §

V.A.M.S. 435.405

Vernon's Annotated Missouri Statutes Currentness

Title XXVIII. Contracts and Contractual Relations

Chapter 435. Arbitration (Refs  Annos)

Uniform Arbitration Act (Refs & Annos)

435.405. Vacating an award


2. An application pursuant to this section shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud or other undue means, it shall be made within ninety days after such grounds are known or should have been known.



Securities broker was barred by three-year delay in attempting to vacate arbitration award in favor of client. Seltsam v. Stein (App. E.D. 1997) 950 S.W.2d 556, rehearing and/or transfer denied. Exchanges 11(11.1)


Appropriate Missouri statute of limitations to refer to in determining timeliness of action to vacate arbitration award brought under LMRA § 301 is limitations statute of Uniform Arbitration Act, as adopted in Missouri. International Broth. of Elec. Workers, Local Union No. 124 v. Alpha Elec. Co., Inc., W.D.Mo.1991, 759 F.Supp. 1416.


Employee's hybrid action against employer for breach of collective bargaining agreement and against union for breach of duty of fair representation was barred regardless of whether it was governed by § 435.120 (repealed; see, now, this section) requiring application to vacate or modify arbitration award to be made to court at next term, by this section establishing 90-day limitation period for actions to vacate arbitration awards, or by six-month period provided by the National Labor Relations Act where the action was not brought until seven months after the arbitrators had denied employee's grievance claim. Branch v. American Freight System, Inc., W.D.Mo.1983, 586 F.Supp. 184.


Arbitration award in favor of union and against employer was final for purposes of state 90-day limitations period when it was issued and employer received copy even though it lacked signatures; both parties acknowledged finality of award when it was issued without signatures. Local 2, Intern. Broth. of Elec. Workers, AFL-CIO v. Anderson Underground Const., Inc., C.A.8 (Mo.)1990, 907 F.2d 74.


Application to vacate amended arbitration award holding equal shareholder and corporation liable to other equal shareholder had to be filed within 90 days after delivery of copy of award, rather than within 90 days after entry of award. Hayob v. Osborne (App. W.D. 1999) 992 S.W.2d 265, rehearing and/or transfer denied.