Author Topic: The Federal Arbitration Act, U.S. Code, Title 9 (Part 1, Chapter 1)  (Read 4385 times)

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Mod7135

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This is the Federal Arbitration Act:

 http://www.access.gpo.gov/uscode/title9/title9.html

[A .pdf of each section will be attached to the relevant post.  They are .pdfs of U.S Government documents (not under copyright) and may be freely cited.]
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[CITE: 9USC1]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 1. ``Maritime transactions'' and ``commerce'' defined;
        exceptions to operation of title
       
    ``Maritime transactions'', as herein defined, means charter parties,
bills of lading of water carriers, agreements relating to wharfage,
supplies furnished vessels or repairs to vessels, collisions, or any
other matters in foreign commerce which, if the subject of controversy,
would be embraced within admiralty jurisdiction; ``commerce'', as herein
defined, means commerce among the several States or with foreign
nations, or in any Territory of the United States or in the District of
Columbia, or between any such Territory and another, or between any such
Territory and any State or foreign nation, or between the District of
Columbia and any State or Territory or foreign nation, but nothing
herein contained shall apply to contracts of employment of seamen,
railroad employees, or any other class of workers engaged in foreign or
interstate commerce.

(July 30, 1947, ch. 392, 61 Stat. 670.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 1, 43 Stat. 883.


[CITE: 9USC2]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 2. Validity, irrevocability, and enforcement of agreements
        to arbitrate
       
    A written provision in any maritime transaction or a contract
evidencing a transaction involving commerce to settle by arbitration a
controversy thereafter arising out of such contract or transaction, or
the refusal to perform the whole or any part thereof, or an agreement in
writing to submit to arbitration an existing controversy arising out of
such a contract, transaction, or refusal, shall be valid, irrevocable,
and enforceable, save upon such grounds as exist at law or in equity for
the revocation of any contract.

(July 30, 1947, ch. 392, 61 Stat. 670.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 2, 43 Stat. 883.

[CITE: 9USC3]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 3. Stay of proceedings where issue therein referable to
        arbitration
       
    If any suit or proceeding be brought in any of the courts of the
United States upon any issue referable to arbitration under an agreement
in writing for such arbitration, the court in which such suit is
pending, upon being satisfied that the issue involved in such suit or
proceeding is referable to arbitration under such an agreement, shall on
application of one of the parties stay the trial of the action until
such arbitration has been had in accordance with the terms of the
agreement, providing the applicant for the stay is not in default in
proceeding with such arbitration.

(July 30, 1947, ch. 392, 61 Stat. 670.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 3, 43 Stat. 883.


[CITE: 9USC4]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 4. Failure to arbitrate under agreement; petition to United
        States court having jurisdiction for order to compel
        arbitration; notice and service thereof; hearing and
        determination
       
    A party aggrieved by the alleged failure, neglect, or refusal of
another to arbitrate under a written agreement for arbitration may
petition any United States district court which, save for such
agreement, would have jurisdiction under title 28, in a civil action or
in admiralty of the subject matter of a suit arising out of the
controversy between the parties, for an order directing that such
arbitration proceed in the manner provided for in such agreement. Five
days' notice in writing of such application shall be served upon the
party in default. Service thereof shall be made in the manner provided
by the Federal Rules of Civil Procedure. The court shall hear the
parties, and upon being satisfied that the making of the agreement for
arbitration or the failure to comply therewith is not in issue, the
court shall make an order directing the parties to proceed to
arbitration in accordance with the terms of the agreement. The hearing
and proceedings, under such agreement, shall be within the district in
which the petition for an order directing such arbitration is filed. If
the making of the arbitration agreement or the failure, neglect, or
refusal to perform the same be in issue, the court shall proceed
summarily to the trial thereof. If no jury trial be demanded by the
party alleged to be in default, or if the matter in dispute is within
admiralty jurisdiction, the court shall hear and determine such issue.
Where such an issue is raised, the party alleged to be in default may,
except in cases of admiralty, on or before the return day of the notice
of application, demand a jury trial of such issue, and upon such demand
the court shall make an order referring the issue or issues to a jury in
the manner provided by the Federal Rules of Civil Procedure, or may
specially call a jury for that purpose. If the jury find that no
agreement in writing for arbitration was made or that there is no
default in proceeding thereunder, the proceeding shall be dismissed. If
the jury find that an agreement for arbitration was made in writing and
that there is a default in proceeding thereunder, the court shall make
an order summarily directing the parties to proceed with the arbitration
in accordance with the terms thereof.

(July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, Sec. 19,
68 Stat. 1233.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 4, 43 Stat. 883.

                       References in Text

    Federal Rules of Civil Procedure, referred to in text, are set out
in Appendix to Title 28, Judiciary and Judicial Procedure.


                               Amendments

    1954--Act Sept. 3, 1954, brought section into conformity with
present terms and practice.

[CITE: 9USC5]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 5. Appointment of arbitrators or umpire

    If in the agreement provision be made for a method of naming or
appointing an arbitrator or arbitrators or an umpire, such method shall
be followed; but if no method be provided therein, or if a method be
provided and any party thereto shall fail to avail himself of such
method, or if for any other reason there shall be a lapse in the naming
of an arbitrator or arbitrators or umpire, or in filling a vacancy, then
upon the application of either party to the controversy the court shall
designate and appoint an arbitrator or arbitrators or umpire, as the
case may require, who shall act under the said agreement with the same
force and effect as if he or they had been specifically named therein;
and unless otherwise provided in the agreement the arbitration shall be
by a single arbitrator.

(July 30, 1947, ch. 392, 61 Stat. 671.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 5, 43 Stat. 884.

[CITE: 9USC6]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 6. Application heard as motion

    Any application to the court hereunder shall be made and heard in
the manner provided by law for the making and hearing of motions, except
as otherwise herein expressly provided.

(July 30, 1947, ch. 392, 61 Stat. 671.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 6, 43 Stat. 884.

[CITE: 9USC7]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 7. Witnesses before arbitrators; fees; compelling
        attendance
       
    The arbitrators selected either as prescribed in this title or
otherwise, or a majority of them, may summon in writing any person to
attend before them or any of them as a witness and in a proper case to
bring with him or them any book, record, document, or paper which may be
deemed material as evidence in the case. The fees for such attendance
shall be the same as the fees of witnesses before masters of the United
States courts. Said summons shall issue in the name of the arbitrator or
arbitrators, or a majority of them, and shall be signed by the
arbitrators, or a majority of them, and shall be directed to the said
person and shall be served in the same manner as subpoenas to appear and
testify before the court; if any person or persons so summoned to
testify shall refuse or neglect to obey said summons, upon petition the
United States district court for the district in which such arbitrators,
or a majority of them, are sitting may compel the attendance of such
person or persons before said arbitrator or arbitrators, or punish said
person or persons for contempt in the same manner provided by law for
securing the attendance of witnesses or their punishment for neglect or
refusal to attend in the courts of the United States.

(July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, Sec. 14,
65 Stat. 715.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 7, 43 Stat. 884.


                               Amendments

    1951--Act Oct. 31, 1951, substituted ``United States district court
for'' for ``United States court in and for'', and ``by law for'' for
``on February 12, 1925, for''.

[CITE: 9USC8]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 8. Proceedings begun by libel in admiralty and seizure of
        vessel or property
       
    If the basis of jurisdiction be a cause of action otherwise
justiciable in admiralty, then, notwithstanding anything herein to the
contrary, the party claiming to be aggrieved may begin his proceeding
hereunder by libel and seizure of the vessel or other property of the
other party according to the usual course of admiralty proceedings, and
the court shall then have jurisdiction to direct the parties to proceed
with the arbitration and shall retain jurisdiction to enter its decree
upon the award.

(July 30, 1947, ch. 392, 61 Stat. 672.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 8, 43 Stat 884.


[CITE: 9USC9]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 9. Award of arbitrators; confirmation; jurisdiction;
        procedure
       
    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. Notice of the application shall be served upon the
adverse party, and thereupon the court shall have jurisdiction of such
party as though he had appeared generally in the proceeding. If the
adverse party is a resident of the district within which the award was
made, such service shall be made upon the adverse party or his attorney
as prescribed by law for service of notice of motion in an action in the
same court. If the adverse party shall be a nonresident, then the notice
of the application shall be served by the marshal of any district within
which the adverse party may be found in like manner as other process of
the court.

(July 30, 1947, ch. 392, 61 Stat. 672.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 9, 43 Stat. 885.


[CITE: 9USC10]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 10. Same; vacation; grounds; rehearing

    (a) In any of the following cases the United States court in and for
the district wherein the award was made may make an order vacating the
award upon the application of any party to the arbitration--
        (1) where the award was procured by corruption, fraud, or undue
    means;
        (2) where there was evident partiality or corruption in the
    arbitrators, or either of them;
        (3) where the arbitrators were guilty of misconduct in refusing
    to postpone the hearing, upon sufficient cause shown, or in refusing
    to hear evidence pertinent and material to the controversy; or of
    any other misbehavior by which the rights of any party have been
    prejudiced; or
        (4) where the arbitrators exceeded their powers, or so
    imperfectly executed them that a mutual, final, and definite award
    upon the subject matter submitted was not made.

    (b) If an award is vacated and the time within which the agreement
required the award to be made has not expired, the court may, in its
discretion, direct a rehearing by the arbitrators.
    (c) The United States district court for the district wherein an
award was made that was issued pursuant to section 580 of title 5 may
make an order vacating the award upon the application of a person, other
than a party to the arbitration, who is adversely affected or aggrieved
by the award, if the use of arbitration or the award is clearly
inconsistent with the factors set forth in section 572 of title 5.

(July 30, 1947, ch. 392, 61 Stat. 672; Pub. L. 101-552, Sec. 5, Nov. 15,
1990, 104 Stat. 2745; Pub. L. 102-354, Sec. 5(b)(4), Aug. 26, 1992, 106
Stat. 946; Pub. L. 107-169, Sec. 1, May 7, 2002, 116 Stat. 132.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 10, 43 Stat. 885.


                               Amendments

    2002--Subsec. (a)(1) to (4). Pub. L. 107-169, Sec. 1(1)-(3),
substituted ``where'' for ``Where'' and realigned margins in pars. (1)
to (4), and substituted a semicolon for period at end in pars. (1) and
(2) and ``; or'' for the period at end in par. (3).
    Subsec. (a)(5). Pub. L. 107-169, Sec. 1(5), substituted ``If an
award'' for ``Where an award'', inserted a comma after ``expired'', and
redesignated par. (5) as subsec. (b).
    Subsec. (b). Pub. L. 107-169, Sec. 1(4), (5), redesignated subsec.
(a)(5) as (b). Former subsec. (b) redesignated (c).
    Subsec. (c). Pub. L. 107-169, Sec. 1(4), redesignated subsec. (b) as
(c).
    1992--Subsec. (b). Pub. L. 102-354 substituted ``section 580'' for
``section 590'' and ``section 572'' for ``section 582''.
    1990--Pub. L. 101-552 designated existing provisions as subsec. (a),
in introductory provisions substituted ``In any'' for ``In either'',
redesignated former subsecs. (a) to (e) as pars. (1) to (5),
respectively, and added subsec. (b) which read as follows: ``The United
States district court for the district wherein an award was made that
was issued pursuant to section 580 of title 5 may make an order vacating
the award upon the application of a person, other than a party to the
arbitration, who is adversely affected or aggrieved by the award, if the
use of arbitration or the award is clearly inconsistent with the factors
set forth in section 572 of title 5.''

[CITE: 9USC11]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 11. Same; modification or correction; grounds; order

    In either of the following cases the United States court in and for
the district wherein the award was made may make an order modifying or
correcting the award upon the application of any party to the
arbitration--
    (a) Where there was an evident material miscalculation of figures or
an evident material mistake in the description of any person, thing, or
property referred to in the award.
    (b) Where the arbitrators have awarded upon a matter not submitted
to them, unless it is a matter not affecting the merits of the decision
upon the matter submitted.
    (c) Where the award is imperfect in matter of form not affecting the
merits of the controversy.
    The order may modify and correct the award, so as to effect the
intent thereof and promote justice between the parties.

(July 30, 1947, ch. 392, 61 Stat. 673.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 11, 43 Stat. 885.

[CITE: 9USC12]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 12. Notice of motions to vacate or modify; service; stay of
        proceedings
       
    Notice of a motion to vacate, modify, or correct an award must be
served upon the adverse party or his attorney within three months after
the award is filed or delivered. If the adverse party is a resident of
the district within which the award was made, such service shall be made
upon the adverse party or his attorney as prescribed by law for service
of notice of motion in an action in the same court. If the adverse party
shall be a nonresident then the notice of the application shall be
served by the marshal of any district within which the adverse party may
be found in like manner as other process of the court. For the purposes
of the motion any judge who might make an order to stay the proceedings
in an action brought in the same court may make an order, to be served
with the notice of motion, staying the proceedings of the adverse party
to enforce the award.

(July 30, 1947, ch. 392, 61 Stat. 673.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 12, 43 Stat. 885.

[CITE: 9USC13]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 13. Papers filed with order on motions; judgment;
        docketing; force and effect; enforcement
       
    The party moving for an order confirming, modifying, or correcting
an award shall, at the time such order is filed with the clerk for the
entry of judgment thereon, also file the following papers with the
clerk:
    (a) The agreement; the selection or appointment, if any, of an
additional arbitrator or umpire; and each written extension of the time,
if any, within which to make the award.
    (b) The award.
    (c) Each notice, affidavit, or other paper used upon an application
to confirm, modify, or correct the award, and a copy of each order of
the court upon such an application.
    The judgment shall be docketed as if it was rendered in an action.
    The judgment so entered shall have the same force and effect, in all
respects, as, and be subject to all the provisions of law relating to, a
judgment in an action; and it may be enforced as if it had been rendered
in an action in the court in which it is entered.

(July 30, 1947, ch. 392, 61 Stat. 673.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 13, 43 Stat. 886.

[CITE: 9USC14]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 14. Contracts not affected

    This title shall not apply to contracts made prior to January 1,
1926.

(July 30, 1947, ch. 392, 61 Stat. 674.)


                               Derivation

    Act Feb. 12, 1925, ch. 213, Sec. 15, 43 Stat. 886.


                            Prior Provisions

    Act Feb. 12, 1925, ch. 213, Sec. 14, 43 Stat. 886, former provisions
of section 14 of this title relating to ``short title'' is not now
covered.

[CITE: 9USC15]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 15. Inapplicability of the Act of State doctrine

    Enforcement of arbitral agreements, confirmation of arbitral awards,
and execution upon judgments based on orders confirming such awards
shall not be refused on the basis of the Act of State doctrine.

(Added Pub. L. 100-669, Sec. 1, Nov. 16, 1988, 102 Stat. 3969.)

                          Codification

    Another section 15 of this title was renumbered section 16 of this
title.

[CITE: 9USC16]

 
                          TITLE 9--ARBITRATION
 
                      CHAPTER 1--GENERAL PROVISIONS
 
Sec. 16. Appeals

    (a) An appeal may be taken from--
        (1) an order--
            (A) refusing a stay of any action under section 3 of this
        title,
            (B) denying a petition under section 4 of this title to
        order arbitration to proceed,
            (C) denying an application under section 206 of this title
        to compel arbitration,
            (D) confirming or denying confirmation of an award or
        partial award, or
            (E) modifying, correcting, or vacating an award;

        (2) an interlocutory order granting, continuing, or modifying an
    injunction against an arbitration that is subject to this title; or
        (3) a final decision with respect to an arbitration that is
    subject to this title.

    (b) Except as otherwise provided in section 1292(b) of title 28, an
appeal may not be taken from an interlocutory order--
        (1) granting a stay of any action under section 3 of this title;
        (2) directing arbitration to proceed under section 4 of this
    title;
        (3) compelling arbitration under section 206 of this title; or
        (4) refusing to enjoin an arbitration that is subject to this
    title.

(Added Pub. L. 100-702, title X, Sec. 1019(a), Nov. 19, 1988, 102 Stat.
4670, Sec. 15; renumbered Sec. 16, Pub. L. 101-650, title III,
Sec. 325(a)(1), Dec. 1, 1990, 104 Stat. 5120.)


                               Amendments

    1990--Pub. L. 101-650 renumbered the second section 15 of this title
as this section.

Mod7135

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  • ***
  • Posts: 519
Re: The Federal Arbitration Act, U.S. Code, Title 9 (Part 2, Chapter 2)
« Reply #1 on: September 30, 2007 04:07:12 AM »
(Part 2.)
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[CITE: 9USC201]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 201. Enforcement of Convention

    The Convention on the Recognition and Enforcement of Foreign
Arbitral Awards of June 10, 1958, shall be enforced in United States
courts in accordance with this chapter.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)


                             Effective Date

    Section 4 of Pub. L. 91-368 provided that: ``This Act [enacting this
chapter] shall be effective upon the entry into force of the Convention
on Recognition and Enforcement of Foreign Arbitral Awards with respect
to the United States.'' The Convention was entered into force for the
United States on Dec. 29, 1970.

[CITE: 9USC202]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 202. Agreement or award falling under the Convention

    An arbitration agreement or arbitral award arising out of a legal
relationship, whether contractual or not, which is considered as
commercial, including a transaction, contract, or agreement described in
section 2 of this title, falls under the Convention. An agreement or
award arising out of such a relationship which is entirely between
citizens of the United States shall be deemed not to fall under the
Convention unless that relationship involves property located abroad,
envisages performance or enforcement abroad, or has some other
reasonable relation with one or more foreign states. For the purpose of
this section a corporation is a citizen of the United States if it is
incorporated or has its principal place of business in the United
States.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

[CITE: 9USC203]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 203. Jurisdiction; amount in controversy

    An action or proceeding falling under the Convention shall be deemed
to arise under the laws and treaties of the United States. The district
courts of the United States (including the courts enumerated in section
460 of title 28) shall have original jurisdiction over such an action or
proceeding, regardless of the amount in controversy.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

[CITE: 9USC204]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 204. Venue

    An action or proceeding over which the district courts have
jurisdiction pursuant to section 203 of this title may be brought in any
such court in which save for the arbitration agreement an action or
proceeding with respect to the controversy between the parties could be
brought, or in such court for the district and division which embraces
the place designated in the agreement as the place of arbitration if
such place is within the United States.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

[CITE: 9USC205]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 205. Removal of cases from State courts

    Where the subject matter of an action or proceeding pending in a
State court relates to an arbitration agreement or award falling under
the Convention, the defendant or the defendants may, at any time before
the trial thereof, remove such action or proceeding to the district
court of the United States for the district and division embracing the
place where the action or proceeding is pending. The procedure for
removal of causes otherwise provided by law shall apply, except that the
ground for removal provided in this section need not appear on the face
of the complaint but may be shown in the petition for removal. For the
purposes of Chapter 1 of this title any action or proceeding removed
under this section shall be deemed to have been brought in the district
court to which it is removed.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

[CITE: 9USC206]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 206. Order to compel arbitration; appointment of
        arbitrators
       
    A court having jurisdiction under this chapter may direct that
arbitration be held in accordance with the agreement at any place
therein provided for, whether that place is within or without the United
States. Such court may also appoint arbitrators in accordance with the
provisions of the agreement.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.)

[CITE: 9USC207]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 207. Award of arbitrators; confirmation; jurisdiction;
        proceeding
       
    Within three years after an arbitral award falling under the
Convention is made, any party to the arbitration may apply to any court
having jurisdiction under this chapter for an order confirming the award
as against any other party to the arbitration. The court shall confirm
the award unless it finds one of the grounds for refusal or deferral of
recognition or enforcement of the award specified in the said
Convention.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.)

[CITE: 9USC208]

 
                          TITLE 9--ARBITRATION
 
  CHAPTER 2--CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN
                             ARBITRAL AWARDS
 
Sec. 208. Chapter 1; residual application

    Chapter 1 applies to actions and proceedings brought under this
chapter to the extent that chapter is not in conflict with this chapter
or the Convention as ratified by the United States.

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.)

Mod7135

  • Board Moderator
  • ***
  • Posts: 519
Re: The Federal Arbitration Act, U.S. Code, Title 9 (Part 3, Chapter 3)
« Reply #2 on: September 30, 2007 04:09:43 AM »
(Part 3)
-------------------------------------------------------------------------------------------------------

[CITE: 9USC301]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 301. Enforcement of Convention

    The Inter-American Convention on International Commercial
Arbitration of January 30, 1975, shall be enforced in United States
courts in accordance with this chapter.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.)


                             Effective Date

    Section 3 of Pub. L. 101-369 provided that: ``This Act [enacting
this chapter] shall take effect upon the entry into force of the Inter-
American Convention on International Commercial Arbitration of January
30, 1975, with respect to the United States.'' The Convention was
entered into force for the United States on Oct. 27, 1990.

[CITE: 9USC302]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 302. Incorporation by reference

    Sections 202, 203, 204, 205, and 207 of this title shall apply to
this chapter as if specifically set forth herein, except that for the
purposes of this chapter ``the Convention'' shall mean the Inter-
American Convention.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.)

[CITE: 9USC303]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 303. Order to compel arbitration; appointment of
        arbitrators; locale
       
    (a) A court having jurisdiction under this chapter may direct that
arbitration be held in accordance with the agreement at any place
therein provided for, whether that place is within or without the United
States. The court may also appoint arbitrators in accordance with the
provisions of the agreement.
    (b) In the event the agreement does not make provision for the place
of arbitration or the appointment of arbitrators, the court shall direct
that the arbitration shall be held and the arbitrators be appointed in
accordance with Article 3 of the Inter-American Convention.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.)

[CITE: 9USC304]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 304. Recognition and enforcement of foreign arbitral
        decisions and awards; reciprocity
       
    Arbitral decisions or awards made in the territory of a foreign
State shall, on the basis of reciprocity, be recognized and enforced
under this chapter only if that State has ratified or acceded to the
Inter-American Convention.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

[CITE: 9USC305]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 305. Relationship between the Inter-American Convention and
        the Convention on the Recognition and Enforcement of Foreign
        Arbitral Awards of June 10, 1958
       
    When the requirements for application of both the Inter-American
Convention and the Convention on the Recognition and Enforcement of
Foreign Arbitral Awards of June 10, 1958, are met, determination as to
which Convention applies shall, unless otherwise expressly agreed, be
made as follows:
        (1) If a majority of the parties to the arbitration agreement
    are citizens of a State or States that have ratified or acceded to
    the Inter-American Convention and are member States of the
    Organization of American States, the Inter-American Convention shall
    apply.
        (2) In all other cases the Convention on the Recognition and
    Enforcement of Foreign Arbitral Awards of June 10, 1958, shall
    apply.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

[CITE: 9USC306]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 306. Applicable rules of Inter-American Commercial
        Arbitration Commission
       
    (a) For the purposes of this chapter the rules of procedure of the
Inter-American Commercial Arbitration Commission referred to in Article
3 of the Inter-American Convention shall, subject to subsection (b) of
this section, be those rules as promulgated by the Commission on July 1,
1988.
    (b) In the event the rules of procedure of the Inter-American
Commercial Arbitration Commission are modified or amended in accordance
with the procedures for amendment of the rules of that Commission, the
Secretary of State, by regulation in accordance with section 553 of
title 5, consistent with the aims and purposes of this Convention, may
prescribe that such modifications or amendments shall be effective for
purposes of this chapter.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

[CITE: 9USC307]

 
                          TITLE 9--ARBITRATION
 
    CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
                               ARBITRATION
 
Sec. 307. Chapter 1; residual application

    Chapter 1 applies to actions and proceedings brought under this
chapter to the extent chapter 1 is not in conflict with this chapter or
the Inter-American Convention as ratified by the United States.

(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

 

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