Title 9 — ArbitrationRelease 119-73
§305 Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958
Title 9 › Chapter CHAPTER 3— - INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION › § 305
Summary
Decides which treaty applies when both could cover an arbitration. If most parties are citizens of countries that joined the Inter‑American Convention and are OAS members, the Inter‑American Convention applies; otherwise the Convention of June 10, 1958 applies.
Full Legal Text
Title 9, §305
Arbitration — Source: USLM XML via OLRC
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.
Legislative History
Notes & Related Subsidiaries
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon the entry into force of the Inter-American Convention on International Commercial Arbitration of January 30, 1975, with respect to the United States (Oct. 27, 1990), see section 3 of Pub. L. 101–369, set out as a note under section 301 of this title.
Reference
Citations & Metadata
Citation
9 U.S.C. § 305
Title 9 — Arbitration
Last Updated
Apr 6, 2026
Release point: 119-73