9 U.S.C. § 2 — Validity, irrevocability, and enforcement of

Page 2 TITLE 9—ARBITRATION § 2 and any State or Territory or foreign nation, but nothing herein contained shall apply to con- tracts of employment of seamen, railroad em- ployees, or any other class of workers engaged in foreign or interstate commerce. (July 30, 1947, ch. 392, 61 Stat. 670.) DERIVATION Act Feb. 12, 1925, ch. 213, § 1, 43 Stat. 883. Statutory Notes and Related Subsidiaries SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–90, § 1, Mar. 3, 2022, 136 Stat. 26, provided that: ‘‘This Act [enacting chapter 4 of this title, amending sections 2, 208, and 307 of this title, and en- acting provisions set out as a note under section 401 of this title] may be cited as the ‘Ending Forced Arbitra- tion of Sexual Assault and Sexual Harassment Act of 2021’.’’ § 2. Validity, irrevocability, and enforcement of agreements to arbitrate A written provision in any maritime trans- action or a contract evidencing a transaction in- volving commerce to settle by arbitration a con- troversy 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 con- troversy arising out of such a contract, trans- action, 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. (July 30, 1947, ch. 392, 61 Stat. 670; Pub. L. 117–90, § 2(b)(1)(A), Mar. 3, 2022, 136 Stat. 27.) DERIVATION Act Feb. 12, 1925, ch. 213, § 2, 43 Stat. 883. Editorial Notes AMENDMENTS 2022—Pub. L. 117–90 inserted ‘‘or as otherwise pro- vided in chapter 4’’ before period at end. 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. § 3. Stay of proceedings where issue therein ref- erable 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 agree- ment, shall on application of one of the parties stay the trial of the action until such arbitra- tion 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. (July 30, 1947, ch. 392, 61 Stat. 670.) DERIVATION Act Feb. 12, 1925, ch. 213, § 3, 43 Stat. 883. § 4. Failure to arbitrate under agreement; peti- tion to United States court having jurisdic- tion for order to compel arbitration; notice and service thereof; hearing and determina- tion A party aggrieved by the alleged failure, ne- glect, 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 con- troversy between the parties, for an order di- recting 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 arbitra- tion or the failure to comply therewith is not in issue, the court shall make an order directing the parties to proceed to arbitration in accord- ance with the terms of the agreement. The hear- ing 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 jurisdic- tion, 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 no- tice 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 call a jury for that purpose. If the jury find that no agreement in writing for arbitration was made or that there is no default in proceeding there- under, the proceeding shall be dismissed. If the jury find that an agreement for arbitration was made in writing and that there is a default in proceeding thereunder, the court shall make an order summarily directing the parties to pro- ceed with the arbitration in accordance with the terms thereof. (July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, § 19, 68 Stat. 1233.) DERIVATION Act Feb. 12, 1925, ch. 213, § 4, 43 Stat. 883. Editorial Notes REFERENCES IN TEXT Federal Rules of Civil Procedure, referred to in text, are set out in Appendix to Title 28, Judiciary and Judi- cial Procedure. AMENDMENTS 1954—Act Sept. 3, 1954, brought section into con- formity with present terms and practice.