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

Summary

Arbitration agreements or awards from commercial relationships, including those in section 2, are covered by the Convention. If all parties are U.S. citizens, they are not covered unless the matter involves property abroad, performance or enforcement abroad, or another link to one or more foreign states. A corporation is a U.S. citizen if it is incorporated or has its principal place of business in the United States.

Title 9, §202

Arbitration — Source: USLM XML via OLRC

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.

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.

§202 Agreement or Award Falling Under the Convention