9 U.S.C. § 202 — Agreement or award falling under the Con-

Page 5 TITLE 9—ARBITRATION § 202 § 14. Contracts not affected This title shall not apply to contracts made prior to January 1, 1926. (July 30, 1947, ch. 392, 61 Stat. 674.) DERIVATION Act Feb. 12, 1925, ch. 213, § 15, 43 Stat. 886. Editorial Notes PRIOR PROVISIONS Act Feb. 12, 1925, ch. 213, § 14, 43 Stat. 886, former pro- visions of section 14 of this title relating to ‘‘short title’’ is not now covered. § 15. Inapplicability of the Act of State doctrine Enforcement of arbitral agreements, confirma- tion of arbitral awards, and execution upon judgments based on orders confirming such awards shall not be refused on the basis of the Act of State doctrine. (Added Pub. L. 100–669, § 1, Nov. 16, 1988, 102 Stat. 3969.) Editorial Notes CODIFICATION Another section 15 of this title was renumbered sec- tion 16 of this title. § 16. Appeals (a) An appeal may be taken from— (1) an order— (A) refusing a stay of any action under sec- tion 3 of this title, (B) denying a petition under section 4 of this title to order arbitration to proceed, (C) denying an application under section 206 of this title to compel arbitration, (D) confirming or denying confirmation of an award or partial award, or (E) modifying, correcting, or vacating an award; (2) an interlocutory order granting, con- tinuing, or modifying an injunction against an arbitration that is subject to this title; or (3) a final decision with respect to an arbi- tration that is subject to this title. (b) Except as otherwise provided in section 1292(b) of title 28, an appeal may not be taken from an interlocutory order— (1) granting a stay of any action under sec- tion 3 of this title; (2) directing arbitration to proceed under section 4 of this title; (3) compelling arbitration under section 206 of this title; or (4) refusing to enjoin an arbitration that is subject to this title. (Added Pub. L. 100–702, title X, § 1019(a), Nov. 19, 1988, 102 Stat. 4670, § 15; renumbered § 16, Pub. L. 101–650, title III, § 325(a)(1), Dec. 1, 1990, 104 Stat. 5120.) Editorial Notes AMENDMENTS 1990—Pub. L. 101–650 renumbered the second section 15 of this title as this section. CHAPTER 2—CONVENTION ON THE REC- OGNITION AND ENFORCEMENT OF FOR- EIGN ARBITRAL AWARDS Sec. 201. Enforcement of Convention. 202. Agreement or award falling under the Con- vention. 203. Jurisdiction; amount in controversy. 204. Venue. 205. Removal of cases from State courts. 206. Order to compel arbitration; appointment of arbitrators. 207. Award of arbitrators; confirmation; jurisdic- tion; proceeding. 208. Application. Editorial Notes AMENDMENTS 2022—Pub. L. 117–90, § 2(b)(2)(A), Mar. 3, 2022, 136 Stat. 27, substituted ‘‘Application’’ for ‘‘Chapter 1; residual application’’ in item 208. 1970—Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692, added heading for chapter 2 and analysis of sections for such chapter. § 201. Enforcement of Convention The Convention on the Recognition and En- forcement of Foreign Arbitral Awards of June 10, 1958, shall be enforced in United States courts in accordance with this chapter. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 91–368, § 4, July 31, 1970, 84 Stat. 693, provided that: ‘‘This Act [enacting this chapter] shall be effec- tive upon the entry into force of the Convention on Recognition and Enforcement of Foreign Arbitral Awards with respect to the United States.’’ The Con- vention entered into force for the United States on Dec. 29, 1970. § 202. Agreement or award falling under the Con- vention An arbitration agreement or arbitral award arising out of a legal relationship, whether con- tractual or not, which is considered as commer- cial, including a transaction, contract, or agree- ment described in section 2 of this title, falls under the Convention. An agreement or award arising out of such a relationship which is en- tirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property lo- cated abroad, envisages performance or enforce- ment abroad, or has some other reasonable rela- tion with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective upon the entry into force of the Convention on Recognition and Enforcement of Foreign Page 6 TITLE 9—ARBITRATION § 203 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. § 203. Jurisdiction; amount in controversy An action or proceeding falling under the Con- vention shall be deemed to arise under the laws and treaties of the United States. The district courts of the United States (including the courts enumerated in section 460 of title 28) shall have original jurisdiction over such an action or pro- ceeding, regardless of the amount in con- troversy. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.) Statutory Notes and Related Subsidiaries 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. § 204. Venue An action or proceeding over which the dis- trict courts have jurisdiction pursuant to sec- tion 203 of this title may be brought in any such court in which save for the arbitration agree- ment an action or proceeding with respect to the controversy between the parties could be brought, or in such court for the district and di- vision which embraces the place designated in the agreement as the place of arbitration if such place is within the United States. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.) Statutory Notes and Related Subsidiaries 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. § 205. Removal of cases from State courts Where the subject matter of an action or pro- ceeding pending in a State court relates to an arbitration agreement or award falling under the Convention, the defendant or the defendants may, at any time before the trial thereof, re- move such action or proceeding to the district court of the United States for the district and division embracing the place where the action or proceeding is pending. The procedure for re- moval of causes otherwise provided by law shall apply, except that the ground for removal pro- vided in this section need not appear on the face of the complaint but may be shown in the peti- tion for removal. For the purposes of Chapter 1 of this title any action or proceeding removed under this section shall be deemed to have been brought in the district court to which it is re- moved. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.) Statutory Notes and Related Subsidiaries 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. § 206. Order to compel arbitration; appointment of arbitrators A court having jurisdiction under this chapter may direct that arbitration be held in accord- ance with the agreement at any place therein provided for, whether that place is within or without the United States. Such court may also appoint arbitrators in accordance with the pro- visions of the agreement. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 693.) Statutory Notes and Related Subsidiaries 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. § 207. Award of arbitrators; confirmation; juris- diction; proceeding Within three years after an arbitral award falling under the Convention is made, any party to the arbitration may apply to any court hav- ing jurisdiction under this chapter for an order confirming the award as against any other party to the arbitration. The court shall confirm the award unless it finds one of the grounds for re- fusal or deferral of recognition or enforcement of the award specified in the said Convention. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 693.) Statutory Notes and Related Subsidiaries 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. § 208. Application 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. (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 693; amended Pub. L. 117–90, § 2(b)(1)(B), 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.’’