9 U.S.C. § 4 — Failure to arbitrate under agreement; peti-

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. Page 3 TITLE 9—ARBITRATION § 10 § 5. Appointment of arbitrators or umpire If in the agreement provision be made for a method of naming or appointing an arbitrator or arbitrators or an umpire, such method shall be followed; but if no method be provided therein, or if a method be provided and any party thereto shall fail to avail himself of such method, or if for any other reason there shall be a lapse in the naming of an arbitrator or arbitrators or um- pire, or in filling a vacancy, then upon the appli- cation of either party to the controversy the court shall designate and appoint an arbitrator or arbitrators or umpire, as the case may re- quire, who shall act under the said agreement with the same force and effect as if he or they had been specifically named therein; and unless otherwise provided in the agreement the arbi- tration shall be by a single arbitrator. (July 30, 1947, ch. 392, 61 Stat. 671.) DERIVATION Act Feb. 12, 1925, ch. 213, § 5, 43 Stat. 884. § 6. Application heard as motion Any application to the court hereunder shall be made and heard in the manner provided by law for the making and hearing of motions, ex- cept as otherwise herein expressly provided. (July 30, 1947, ch. 392, 61 Stat. 671.) DERIVATION Act Feb. 12, 1925, ch. 213, § 6, 43 Stat. 884. § 7. Witnesses before arbitrators; fees; compelling attendance The arbitrators selected either as prescribed in this title or otherwise, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for such attendance shall be the same as the fees of witnesses before masters of the United States courts. Said summons shall issue in the name of the arbitrator or arbitrators, or a ma- jority of them, and shall be signed by the arbi- trators, or a majority of them, and shall be di- rected to the said person and shall be served in the same manner as subpoenas to appear and testify before the court; if any person or persons so summoned to testify shall refuse or neglect to obey said summons, upon petition the United States district court for the district in which such arbitrators, or a majority of them, are sit- ting may compel the attendance of such person or persons before said arbitrator or arbitrators, or punish said person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of the United States. (July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, § 14, 65 Stat. 715.) DERIVATION Act Feb. 12, 1925, ch. 213, § 7, 43 Stat. 884. Editorial Notes AMENDMENTS 1951—Act Oct. 31, 1951, substituted ‘‘United States district court for’’ for ‘‘United States court in and for’’, and ‘‘by law for’’ for ‘‘on February 12, 1925, for’’. § 8. Proceedings begun by libel in admiralty and seizure of vessel or property If the basis of jurisdiction be a cause of action otherwise justiciable in admiralty, then, not- withstanding anything herein to the contrary, the party claiming to be aggrieved may begin his proceeding hereunder by libel and seizure of the vessel or other property of the other party according to the usual course of admiralty pro- ceedings, and the court shall then have jurisdic- tion to direct the parties to proceed with the ar- bitration and shall retain jurisdiction to enter its decree upon the award. (July 30, 1947, ch. 392, 61 Stat. 672.) DERIVATION Act Feb. 12, 1925, ch. 213, § 8, 43 Stat 884. § 9. Award of arbitrators; confirmation; jurisdic- tion; procedure If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitra- tion, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. If no court is specified in the agree- ment of the parties, then such application may be made to the United States court in and for the district within which such award was made. Notice of the application shall be served upon the adverse party, and thereupon the court shall have jurisdiction of such party as though he had appeared generally in the proceeding. If the ad- verse party is a resident of the district within which the award was made, such service shall be made upon the adverse party or his attorney as prescribed by law for service of notice of motion in an action in the same court. If the adverse party shall be a nonresident, then the notice of the application shall be served by the marshal of any district within which the adverse party may be found in like manner as other process of the court. (July 30, 1947, ch. 392, 61 Stat. 672.) DERIVATION Act Feb. 12, 1925, ch. 213, § 9, 43 Stat. 885. § 10. Same; vacation; grounds; rehearing (a) In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration— (1) where the award was procured by corrup- tion, fraud, or undue means; (2) where there was evident partiality or cor- ruption in the arbitrators, or either of them;