22 U.S.C. § 290k–11 — Arbitral awards; enforcement; full faith and credit; Federal Arbitration Act inapplicable; exclusiveness of district court jurisdiction

submitted 39 years ago by Pub. L. 100-202 to r/title-22-FOREIGN-RELATIONS-AND-INTERCOURSE · 135 words · no verdicts yet

in plain englishAI-generated · not legal advice

Arbitration awards under the Convention count as treaty rights and must be enforced like a state court's final judgment. Federal district courts alone can hear these enforcement cases, no matter the dollar amount.

(a) When an arbitration panel decides a dispute under Article 57 or Article 58 of the Convention, that award creates a legal right under a U.S. treaty. Any money the award requires someone to pay must be enforced, and treated with the same full faith and credit, as a final judgment from a state court of general jurisdiction. The Federal Arbitration Act — the usual federal law on enforcing arbitration awards — does not apply to these Convention awards. (b) Federal district courts, including the special courts listed in section 460 of title 28, are the only courts that can hear cases about enforcing these awards. This is true no matter how much money is involved.

the actual law source: uscode.house.gov ↗public domain

(a)

An award of an arbitral tribunal resolving a dispute arising under Article 57 or Article 58 of the Convention shall create a right arising under a treaty of the United States. The pecuniary obligations imposed by such an award shall be enforced and shall be given the same full faith and credit as if the award were a final judgment of a court of general jurisdiction of one of the several States. The Federal Arbitration Act (9 U.S.C. 1, et seq.) shall not apply to enforcement of awards rendered pursuant to the Convention.

(b)

The district courts of the United States (including the courts enumerated in section 460 of title 28) shall have exclusive jurisdiction over actions and proceedings under subsection (a) of this section, regardless of the amount in controversy.

Source credit: (Pub. L. 100–202, § 101(e) [title I], Dec. 22, 1987, 101 Stat. 1329–131, 1329–134.)

history & why it existsrecord from the source credit

1987Enacted · Pub. L. 100-202 · 101 Stat. 1329

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-202 on 1987-12-22.

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