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9 U.S.C. § 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
Federal law — U.S. Code and appendices · legal_authorities
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 cal
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Source file: Laws/federal/codes/united-states-code/title-9/section-4-failure-to-arbitrate-under-agreement-petition-to-united-states-court-hav--22c933d100.md
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Source location: Title 9, Chapter 1, § 4; chapter-001-general-provisions.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to [section 4 of title 9](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section4&num=0&edition=prelim), and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An appeal may be taken from—
(1) an order—
(A) refusing a stay of any action under [section 3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section3&num=0&edition=prelim),
(B) denying a petition under [section 4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section4&num=0&edition=prelim) to order arbitration to proceed,
(C) denying an application under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section206&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section1292/b&num=0&edition=prelim), an appeal may not be taken from an interlocutory order—
(1) granting a stay of any action under [section 3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section3&num=0&edition=prelim);
(2) directing arbitration to proceed under [section 4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section4&num=0&edition=prelim);
(3) compelling arbitration under [section 206 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title9-section206&num=0&edition=prelim); or
(4) refusing to enjoin an arbitration that is subject to this title.
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Federal law — U.S. Code and appendices · legal_authorities
Page 2
TITLE 9—ARBITRATION
§ 2
and any State or Territory or foreign nation,
but nothing herein contained shall apply to con-
tracts of employment of seamen, railroad em-
ployees, 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, § 1, 43 Stat. 883.
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2022 AMENDMENT
Pub. L. 117–90, § 1, Mar. 3, 2022, 136 Stat. 26, provided
that: ‘‘This Act [enacting chapter 4 of this title,
amending sections 2, 208, and 307 of this title, and en-
acting provisions set out as a note under section 401 of
this title] may be cited as the ‘Ending Forced Arbitra-
tion of Sexual Assault and Sexual Harassment Act of
2021’.’’
§ 2. Validity, irrevocability, and enforcement of
agreements to arbitrate
A written provision in any maritime trans-
action or a contract evidencing a transaction in-
volving commerce to settle by arbitration a con-
troversy 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 con-
troversy arising out of such a contract, trans-
action, 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 or as otherwise provided in chapter 4.
(July 30, 1947, ch. 392, 61 Stat. 670; Pub. L. 117–90,
§ 2(b)(1)(A), Mar. 3, 2022, 136 Stat. 27.)
DERIVATION
Act Feb. 12, 1925, ch. 213, § 2, 43 Stat. 883.
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–90 inserted ‘‘or as otherwise pro-
vided in chapter 4’’ before period at end.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment b
Source: Supplied 2024 U.S. Code historical extraction · 9 U.S.C. § 4
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