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PUBLIC LAW 91-368-JULY 31, 1970

[84 STAT.

Public Law 91-368 July 31, 1970 [S. 3274] '

Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Implementation.

^ ACT To implement the Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

Be it enacted by the Senate and House of Representatives of the United States of America in Co7igress assembled, That title 9, United States Code, is amended by adding: "Chapter 2.—CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS "Sec. "201. ''202. "203. "204. "205. "206. "207. "208.

61 Stat. 670.

9 USC 2.

65 Stat. 725; 72 Stat. 348.

Enforcement of Convention. Agreement or a w a r d falling under the Convention. Jurisdiction; amount in controversy. Venue. Removal of cases from State courts. Order to compel arbitration; appointment of arbitrators. A w a r d of a r b i t r a to r s; confirmation; jurisdiction; proceeding. Chapter 1; residual application.

''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. "§ 202. Agreement or award falling under the Convention "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. "§203. Jurisdiction; amount in controversy "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. "§ 204. Venue "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. "§ 205. Removal of cases from State courts "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
 * § 201. Enforcement of Convention

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