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9 USC CHAPTER 3 - INTER-AMERICAN CONVENTION ON

INTERNATIONAL COMMERCIAL ARBITRATION 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

.

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CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec.

301. Enforcement of Convention.

302. Incorporation by reference.

303. Order to compel arbitration; appointment of arbitrators;

locale.

304. Recognition and enforcement of foreign arbitral decisions and

awards; reciprocity.

305. Relationship between the Inter-American Convention and the

Convention on the Recognition and Enforcement of Foreign Arbitral

Awards of June 10, 1958.

306. Applicable rules of Inter-American Commercial Arbitration

Commission.

307. Chapter 1; residual application.

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9 USC Sec. 301 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 301. Enforcement of Convention

-STATUTE-

The Inter-American Convention on International Commercial

Arbitration of January 30, 1975, shall be enforced in United States

courts in accordance with this chapter.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.)

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EFFECTIVE DATE

Section 3 of Pub. L. 101-369 provided 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 was entered into force for the United States on Oct. 27,

1990.

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9 USC Sec. 302 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 302. Incorporation by reference

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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.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.)

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9 USC Sec. 303 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 303. Order to compel arbitration; appointment of arbitrators;

locale

-STATUTE-

(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 within 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 appointment of arbitrators, the court

shall direct that the arbitration shall be held and the arbitrators

be appointed in accordance with Article 3 of the Inter-American

Convention.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 448.)

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9 USC Sec. 304 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 304. Recognition and enforcement of foreign arbitral decisions

and awards; reciprocity

-STATUTE-

Arbitral decisions or awards made in the territory of a foreign

State shall, on the basis of reciprocity, be recognized and

enforced under this chapter only if that State has ratified or

acceded to the Inter-American Convention.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

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9 USC Sec. 305 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 305. Relationship between the Inter-American Convention and

the Convention on the Recognition and Enforcement of Foreign

Arbitral Awards of June 10, 1958

-STATUTE-

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.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

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9 USC Sec. 306 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 306. Applicable rules of Inter-American Commercial Arbitration

Commission

-STATUTE-

(a) For the purposes of this chapter the rules of procedure of

the Inter-American Commercial Arbitration Commission referred to in

Article 3 of the Inter-American Convention shall, subject to

subsection (b) of this section, be those rules as promulgated by

the Commission on July 1, 1988.

(b) In the event the rules of procedure of the Inter-American

Commercial Arbitration Commission are modified or amended in

accordance with the procedures for amendment of the rules of that

Commission, the Secretary of State, by regulation in accordance

with section 553 of title 5, consistent with the aims and purposes

of this Convention, may prescribe that such modifications or

amendments shall be effective for purposes of this chapter.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

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9 USC Sec. 307 01/06/03

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TITLE 9 - ARBITRATION

CHAPTER 3 - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL

ARBITRATION

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Sec. 307. Chapter 1; residual application

-STATUTE-

Chapter 1 applies to actions and proceedings brought under this

chapter to the extent chapter 1 is not in conflict with this

chapter or the Inter-American Convention as ratified by the United

States.

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(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)

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