9 U.S.C. § 208 — Application

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.’’ 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.