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9 USC CHAPTER 2 - CONVENTION ON THE RECOGNITION AND

ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 01/06/03

-EXPCITE-

TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

.

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CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec.

201. Enforcement of Convention.

202. Agreement or award falling under the Convention.

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; jurisdiction; proceeding.

208. Chapter 1; residual application.

AMENDMENTS

1970 - Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692, added

heading for chapter 2 and analysis of sections for such chapter.

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9 USC Sec. 201 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec. 201. Enforcement of Convention

-STATUTE-

The Convention on the Recognition and Enforcement of Foreign

Arbitral Awards of June 10, 1958, shall be enforced in United

States courts in accordance with this chapter.

-SOURCE-

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

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EFFECTIVE DATE

Section 4 of Pub. L. 91-368 provided that: ''This Act (enacting

this chapter) shall be effective upon the entry into force of the

Convention on Recognition and Enforcement of Foreign Arbitral

Awards with respect to the United States.'' The Convention was

entered into force for the United States on Dec. 29, 1970.

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9 USC Sec. 202 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec. 202. Agreement or award falling under the Convention

-STATUTE-

An arbitration agreement or arbitral award arising out of a legal

relationship, whether contractual or not, which is considered as

commercial, including a transaction, contract, or agreement

described in section 2 of this title, falls under the Convention.

An agreement or award arising out of such a relationship which is

entirely between citizens of the United States shall be deemed not

to fall under the Convention unless that relationship involves

property located abroad, envisages performance or enforcement

abroad, or has some other reasonable relation 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.

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(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 302 of this title.

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9 USC Sec. 203 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec. 203. Jurisdiction; amount in controversy

-STATUTE-

An action or proceeding falling under the Convention 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 proceeding, regardless of the

amount in controversy.

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(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 204, 302 of this title.

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9 USC Sec. 204 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec. 204. Venue

-STATUTE-

An action or proceeding over which the district courts have

jurisdiction pursuant to section 203 of this title may be brought

in any such court in which save for the arbitration agreement an

action or proceeding with respect to the controversy between the

parties could be brought, or in such court for the district and

division which embraces the place designated in the agreement as

the place of arbitration if such place is within the United States.

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(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 302 of this title.

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9 USC Sec. 205 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

-HEAD-

Sec. 205. Removal of cases from State courts

-STATUTE-

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.

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(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 692.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 302 of this title.

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9 USC Sec. 206 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec. 206. Order to compel arbitration; appointment of arbitrators

-STATUTE-

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 within or without the

United States. Such court may also appoint arbitrators in

accordance with the provisions of the agreement.

-SOURCE-

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.)

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 15 of this title.

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9 USC Sec. 207 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

-HEAD-

Sec. 207. Award of arbitrators; confirmation; jurisdiction;

proceeding

-STATUTE-

Within three years after an arbitral award falling under the

Convention is made, any party to the arbitration may apply to any

court having 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 refusal or deferral of recognition or

enforcement of the award specified in the said Convention.

-SOURCE-

(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 302 of this title.

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9 USC Sec. 208 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 2 - CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF

FOREIGN ARBITRAL AWARDS

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Sec. 208. Chapter 1; residual application

-STATUTE-

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.

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(Added Pub. L. 91-368, Sec. 1, July 31, 1970, 84 Stat. 693.)

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