§ 4. — Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 9USC4]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 4. Failure to arbitrate under agreement; petition to United
States court having jurisdiction for order to compel
arbitration; notice and service thereof; hearing and
determination
A party aggrieved by the alleged failure, neglect, or refusal of
another to arbitrate under a written agreement for arbitration may
petition any United States district court which, save for such
agreement, would have jurisdiction under title 28, in a civil action or
in admiralty of the subject matter of a suit arising out of the
controversy between the parties, for an order directing that such
arbitration proceed in the manner provided for in such agreement. Five
days' notice in writing of such application shall be served upon the
party in default. Service thereof shall be made in the manner provided
by the Federal Rules of Civil Procedure. The court shall hear the
parties, and upon being satisfied that the making of the agreement for
arbitration or the failure to comply therewith is not in issue, the
court shall make an order directing the parties to proceed to
arbitration in accordance with the terms of the agreement. The hearing
and proceedings, under such agreement, shall be within the district in
which the petition for an order directing such arbitration is filed. If
the making of the arbitration agreement or the failure, neglect, or
refusal to perform the same be in issue, the court shall proceed
summarily to the trial thereof. If no jury trial be demanded by the
party alleged to be in default, or if the matter in dispute is within
admiralty jurisdiction, the court shall hear and determine such issue.
Where such an issue is raised, the party alleged to be in default may,
except in cases of admiralty, on or before the return day of the notice
of application, demand a jury trial of such issue, and upon such demand
the court shall make an order referring the issue or issues to a jury in
the manner provided by the Federal Rules of Civil Procedure, or may
specially call a jury for that purpose. If the jury find that no
agreement in writing for arbitration was made or that there is no
default in proceeding thereunder, the proceeding shall be dismissed. If
the jury find that an agreement for arbitration was made in writing and
that there is a default in proceeding thereunder, the court shall make
an order summarily directing the parties to proceed with the arbitration
in accordance with the terms thereof.
(July 30, 1947, ch. 392, 61 Stat. 671; Sept. 3, 1954, ch. 1263, Sec. 19,
68 Stat. 1233.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 4, 43 Stat. 883.
References in Text
Federal Rules of Civil Procedure, referred to in text, are set out
in Appendix to Title 28, Judiciary and Judicial Procedure.
Amendments
1954--Act Sept. 3, 1954, brought section into conformity with
present terms and practice.
Section Referred to in Other Sections
This section is referred to in section 15 of this title; title 5
section 576.
