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9 U.S.C. § 401 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this chapter:
(1) **Predispute arbitration agreement.—** — The term “predispute arbitration agreement” means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement.
(2) **Predispute joint-action waiver.—** — The term “predispute joint-action waiver” means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.
(3) **Sexual assault dispute.—** — The term “sexual assault dispute” means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in [section 2246 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2246&num=0&edition=prelim) or similar applicable Tribal or State law, including when the victim lacks capacity to consent.
(4) **Sexual harassment dispute.—** — The term “sexual harassment dispute” means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.
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Source location: Title 9, Chapter 4, § 401; chapter-004-arbitration-of-disputes-involving-sexual-assault-and-sexual-harassment.md
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In this chapter:
(1) **Predispute arbitration agreement.—** — The term “predispute arbitration agreement” means any agreement to arbitrate a dispute that had not yet arisen at the time of the making of the agreement.
(2) **Predispute joint-action waiver.—** — The term “predispute joint-action waiver” means an agreement, whether or not part of a predispute arbitration agreement, that would prohibit, or waive the right of, one of the parties to the agreement to participate in a joint, class, or collective action in a judicial, arbitral, administrative, or other forum, concerning a dispute that has not yet arisen at the time of the making of the agreement.
(3) **Sexual assault dispute.—** — The term “sexual assault dispute” means a dispute involving a nonconsensual sexual act or sexual contact, as such terms are defined in [section 2246 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section2246&num=0&edition=prelim) or similar applicable Tribal or State law, including when the victim lacks capacity to consent.
(4) **Sexual harassment dispute.—** — The term “sexual harassment dispute” means a dispute relating to conduct that is alleged to constitute sexual harassment under applicable Federal, Tribal, or State law.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter—
(1) the term “prison” means a correctional, detention, or penal facility;
(2) the term “sexual act” means—
(A) contact between the penis and the vulva or the penis and the anus, and for purposes of this subparagraph contact involving the penis occurs upon penetration, however slight;
(B) contact between the mouth and the penis, the mouth and the vulva, or the mouth and the anus;
(C) the penetration, however slight, of the anal or genital opening of another by a hand or finger or by any object, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person; or
(D) the intentional touching, not through the clothing, of the genitalia of another person who has not attained the age of 16 years with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(3) the term “sexual contact” means the intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person;
(4) the term “serious bodily injury” means bodily injury that involves a substantial risk of death, unconsciousness, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty;
(5) the term “official detention” means—
(A) detention by a Federal officer or employee, or under the direction of a Federal officer or employee, following arrest for an offense; following surrender in lieu of arrest for an offense; following a charge or conviction of an offense, or an allegation or finding of juvenile delinquency; following co
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Federal law — U.S. Code and appendices · legal_authorities
“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.
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Federal law — U.S. Code and appendices · legal_authorities
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 or as otherwise provided in chapter 4.
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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 that chapter is not in conflict with this chapter or the 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
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
**(a) In General.—** Notwithstanding any other provision of this title, at the election of the person alleging conduct constituting a sexual harassment dispute or sexual assault dispute, or the named representative of a class or in a collective action alleging such conduct, no predispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.
**(b) Determination of Applicability.—** An issue as to whether this chapter applies with respect to a dispute shall be determined under Federal law. The applicability of this chapter to an agreement to arbitrate and the validity and enforceability of an agreement to which this chapter applies shall be determined by a court, rather than an arbitrator, irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement, and irrespective of whether the agreement purports to delegate such determinations to an arbitrator.
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Federal law — U.S. Code and appendices · legal_authorities
Page 8
TITLE 9—ARBITRATION
§ 306
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat.
449.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the entry into force of the
Inter-American Convention on International Commer-
cial Arbitration of January 30, 1975, with respect to the
United States (Oct. 27, 1990), see section 3 of Pub. L.
101–369, set out as a note under section 301 of this title.
§ 306. Applicable rules of Inter-American Com-
mercial 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 Com-
mission 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 modifica-
tions or amendments shall be effective for pur-
poses of this chapter.
(Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat.
449.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective upon the entry into force of the
Inter-American Convention on International Commer-
cial Arbitration of January 30, 1975, with respect to the
United States (Oct. 27, 1990), see section 3 of Pub. L.
101–369, set out as a note under section 301 of this title.
§ 307. Application
Chapter 1 applies to actions and proceedings
brought under this chapter to the extent chapter
1 is not in conflict wit
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