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9 U.S.C. § 301 — Enforcement of Convention
Federal law — U.S. Code and appendices · legal_authorities
The Inter-American Convention on International Commercial Arbitration of January 30, 1975, shall be enforced in United States courts in accordance with this chapter.
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Source location: Title 9, Chapter 3, § 301; chapter-003-inter-american-convention-on-international-commercial-arbitration.md
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The Inter-American Convention on International Commercial Arbitration of January 30, 1975, shall be enforced in United States courts in accordance with this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), consistent with the aims and purposes of this Convention, may prescribe that such modifications or amendments shall be effective for purposes of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
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. This chapter applies to the extent that this chapter is not in conflict with chapter 4.
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Federal law — U.S. Code and appendices · legal_authorities
Page 7
TITLE 9—ARBITRATION
§ 305
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2022 AMENDMENT
Amendment by Pub. L. 117–90 applicable with respect
to any dispute or claim that arises or accrues on or
after Mar. 3, 2022, see section 3 of Pub. L. 117–90, set out
as an Effective Date note under section 401 of this title.
EFFECTIVE DATE
Section effective upon the entry into force of the
Convention on Recognition and Enforcement of Foreign
Arbitral Awards with respect to the United States
(Dec. 29, 1970), see section 4 of Pub. L. 91–368, set out as
a note under section 201 of this title.
CHAPTER 3—INTER-AMERICAN CONVENTION
ON INTERNATIONAL COMMERCIAL ARBI-
TRATION
Sec.
301.
Enforcement of Convention.
302.
Incorporation by reference.
303.
Order to compel arbitration; appointment of
arbitrators; locale.
304.
Recognition and enforcement of foreign arbi-
tral decisions and awards; reciprocity.
305.
Relationship
between
the
Inter-American
Convention and the Convention on the Rec-
ognition and Enforcement of Foreign Arbi-
tral Awards of June 10, 1958.
306.
Applicable rules of Inter-American Commer-
cial Arbitration Commission.
307.
Application.
Editorial Notes
AMENDMENTS
2022—Pub. L. 117–90, § 2(b)(2)(B), Mar. 3, 2022, 136 Stat.
27, substituted ‘‘Application’’ for ‘‘Chapter 1; residual
application’’ in item 307.
§ 301. Enforcement of Convention
The Inter-American Convention on Inter-
national Commercial Arbitration of January 30,
1975, shall be enforced in United States courts in
accordance with this chapter.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat.
448.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Pub. L. 101–369, § 3, Aug. 15, 1990, 104 Stat. 450, pro-
vided that: ‘‘This Act [enacting this chapter]
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