§205 — Title 9 Arbitration | U.S. Code

Summary

Someone sued in a state court about an arbitration agreement or an arbitration award covered by the Convention can, before trial, remove the case to the federal district court for that area. Normal removal rules apply, but the Convention reason can be shown in the removal petition, and for Chapter 1 the case is treated as if filed in that federal court.

Title 9, §205

Arbitration — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective upon the entry into force of the Convention on Recognition and

Enforcement

of Foreign Arbitral Awards with respect to the United States (Dec. 29, 1970), see section 4 of Pub. L. 91–368, set out as a note under section 201 of this title.

§205 Removal of cases from State courts