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9 U.S.C. § 205Removal of cases from State courts

submitted 56 years ago by Pub. L. 91-368 to r/title-9-ARBITRATION · 139 words · no verdicts yet

in plain englishAI-generated · not legal advice

A defendant can move a state court case to federal court. This applies if the case relates to a Convention arbitration agreement or award. They can do this anytime before trial.

If a lawsuit or proceeding is happening in a state court, and it relates to an arbitration agreement or award covered by the Convention (the international arbitration treaty referenced in this chapter), the defendant or defendants can remove it to federal court. They can do this at any time before the trial starts. They move it to the U.S. district court for the district and division that covers where the state case is pending. The normal legal procedure for removing cases applies — except the reason for removal doesn't have to appear on the face of the complaint; it can instead be explained in the removal petition. For purposes of Chapter 1 of this title, any case removed this way is treated as if it had originally been filed in the district court it was removed to.
the actual law source: uscode.house.gov ↗public domain

Where the subject matter of an action or proceeding 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, remove 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 removal of causes otherwise provided by law shall apply, except that the ground for removal provided in this section need not appear on the face of the complaint but may be shown in the petition 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 removed.

Source credit: (Added Pub. L. 91–368, § 1, July 31, 1970, 84 Stat. 692.)

history & why it existsrecord from the source credit
  • 1970Enacted · Pub. L. 91-368 · 84 Stat. 692

A history note hasn’t been published yet. The record shows enactment by Pub. L. 91-368 on 1970-07-31.

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