9 U.S.C. § 305 — Relationship between the Inter-American

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] 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 entered into force for the United States on Oct. 27, 1990. § 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, § 1, Aug. 15, 1990, 104 Stat. 448.) 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. § 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 with- in 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 ap- pointment of arbitrators, the court shall direct that the arbitration shall be held and the arbi- trators be appointed in accordance with Article 3 of the Inter-American Convention. (Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 448.) 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. § 304. Recognition and enforcement of foreign ar- bitral decisions and awards; reciprocity Arbitral decisions or awards made in the terri- tory of a foreign State shall, on the basis of reci- procity, be recognized and enforced under this chapter only if that State has ratified or ac- ceded to the Inter-American Convention. (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. § 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 When the requirements for application of both the Inter-American Convention and the Conven- tion on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, determination as to which Convention ap- plies shall, unless otherwise expressly agreed, be made as follows: (1) If a majority of the parties to the arbitra- tion 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 Arbi- tral Awards of June 10, 1958, shall apply. 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 with this chapter or the Inter-American Convention as ratified by the United States. This chapter applies to the ex- tent that this chapter is not in conflict with chapter 4. (Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 449; amended Pub. L. 117–90, § 2(b)(1)(C), Mar. 3, 2022, 136 Stat. 27.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–90 substituted ‘‘Application’’ for ‘‘Chapter 1; residual application’’ in section catchline and inserted at end ‘‘This chapter applies to the extent that this chapter is not in conflict with chapter 4.’’ 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 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. CHAPTER 4—ARBITRATION OF DISPUTES IN- VOLVING SEXUAL ASSAULT AND SEXUAL HARASSMENT Sec. 401. Definitions. 402. No validity or enforceability. § 401. Definitions 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 par- ties to the agreement to participate in a joint, class, or collective action in a judicial, arbi- tral, administrative, or other forum, con- cerning 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 in- volving a nonconsensual sexual act or sexual contact, as such terms are defined in section 2246 of title 18 or similar applicable Tribal or State law, including when the victim lacks ca- pacity to consent. (4) SEXUAL HARASSMENT DISPUTE.—The term ‘‘sexual harassment dispute’’ means a dispute relating to conduct that is alleged to con- stitute sexual harassment under applicable Federal, Tribal, or State law. (Added Pub. L. 117–90, § 2(a), Mar. 3, 2022, 136 Stat. 26.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 117–90, § 3, Mar. 3, 2022, 136 Stat. 28, provided that: ‘‘This Act [see Short Title of 2022 Amendment note set out under section 1 of this title], and the amendments made by this Act, shall apply with respect to any dispute or claim that arises or accrues on or after the date of enactment of this Act [Mar. 3, 2022].’’ § 402. No validity or enforceability (a) IN GENERAL.—Notwithstanding any other provision of this title, at the election of the per- son alleging conduct constituting a sexual har- assment dispute or sexual assault dispute, or the named representative of a class or in a collec- tive 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 dis- pute or the sexual harassment dispute. (b) DETERMINATION OF APPLICABILITY.—An issue as to whether this chapter applies with re- spect 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