9 U.S.C. § 305 — Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958

submitted 36 years ago by Pub. L. 101-369 to r/title-9-ARBITRATION · 109 words · no verdicts yet

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This law decides which treaty governs when both the Inter-American Convention and the 1958 New York Convention on foreign arbitration could apply. If most parties to the arbitration agreement are citizens of countries that joined the Inter-American Convention and belong to the Organization of American States, that treaty applies. Otherwise, the New York Convention applies.

When both the Inter-American Convention and the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards could apply, and the parties haven't expressly agreed otherwise, the choice between them works like this: (1) if a majority of the parties to the arbitration agreement are citizens of a country or countries that have ratified or joined the Inter-American Convention and are members of the Organization of American States, the Inter-American Convention applies; (2) in every other case, the 1958 Convention applies.

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

When the requirements for application of both the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, determination as to which Convention applies shall, unless otherwise expressly agreed, be made as follows:

(1)

If a majority of the parties to the arbitration 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 Arbitral Awards of June 10, 1958, shall apply.

Source credit: (Added Pub. L. 101–369, § 1, Aug. 15, 1990, 104 Stat. 449.)

history & why it existsrecord from the source credit

1990Enacted · Pub. L. 101-369 · 104 Stat. 449

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-369 on 1990-08-15.

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