9 U.S.C. § 15 — Inapplicability of the Act of State doctrine

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