9 U.S.C. § 304 — Recognition and enforcement of foreign ar-

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.