§ 305. — Relationship between the InterAmerican Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 9USC305]
TITLE 9--ARBITRATION
CHAPTER 3--INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL
ARBITRATION
Sec. 305. Relationship between the Inter-American Convention and
the Convention on the Recognition and Enforcement of Foreign
Arbitral Awards of June 10, 1958
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.
(Added Pub. L. 101-369, Sec. 1, Aug. 15, 1990, 104 Stat. 449.)