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9 U.S.C. § 16 — Appeals

Federal law — U.S. Code and appendices · legal_authorities

9 U.S.C. § 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](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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Source location: Title 9, Chapter 1, § 16; chapter-001-general-provisions.md

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Federal law — U.S. Code and appendices · legal_authorities

9 U.S.C. § 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.

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9 U.S.C. § 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.

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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

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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9 U.S.C. § 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.

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28 U.S.C. § 1 — Number of justices; quorum

The Supreme Court of the United States shall consist of a Chief Justice of the United States and eight associate justices, any six of whom shall constitute a quorum.

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9 U.S.C. § 16 — Appeals

Page 5 TITLE 9—ARBITRATION § 202 § 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, § 15, 43 Stat. 886. Editorial Notes PRIOR PROVISIONS Act Feb. 12, 1925, ch. 213, § 14, 43 Stat. 886, former pro- visions of section 14 of this title relating to ‘‘short title’’ is not now covered. § 15. Inapplicability of the Act of State doctrine Enforcement of arbitral agreements, confirma- tion 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, § 1, Nov. 16, 1988, 102 Stat. 3969.) Editorial Notes CODIFICATION Another section 15 of this title was renumbered sec- tion 16 of this title. § 16. Appeals (a) An appeal may be taken from— (1) an order— (A) refusing a stay of any action under sec- tion 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, con- tinuing, or modifying an injunction against an arbitration that is subject to this title; or (3) a final decision with respect to an arbi- tration 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 sec- tion 3 of this title; (2) directing arbitration to proceed under section 4 of this title; (3) compelling arbitration under section 206

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