This is the Federal Arbitration Act:
http://www.access.gpo.gov/uscode/title9/title9.html[A .pdf of each section will be attached to the relevant post. They are .pdfs of U.S Government documents (not under copyright) and may be freely cited.]
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[CITE: 9USC1]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 1. ``Maritime transactions'' and ``commerce'' defined;
exceptions to operation of title
``Maritime transactions'', as herein defined, means charter parties,
bills of lading of water carriers, agreements relating to wharfage,
supplies furnished vessels or repairs to vessels, collisions, or any
other matters in foreign commerce which, if the subject of controversy,
would be embraced within admiralty jurisdiction; ``commerce'', as herein
defined, means commerce among the several States or with foreign
nations, or in any Territory of the United States or in the District of
Columbia, or between any such Territory and another, or between any such
Territory and any State or foreign nation, or between the District of
Columbia and any State or Territory or foreign nation, but nothing
herein contained shall apply to contracts of employment of seamen,
railroad employees, or any other class of workers engaged in foreign or
interstate commerce.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 1, 43 Stat. 883.
[CITE: 9USC2]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 2. Validity, irrevocability, and enforcement of agreements
to arbitrate
A written provision in any maritime transaction or a contract
evidencing a transaction involving commerce to settle by arbitration a
controversy thereafter arising out of such contract or transaction, or
the refusal to perform the whole or any part thereof, or an agreement in
writing to submit to arbitration an existing controversy arising out of
such a contract, transaction, or refusal, shall be valid, irrevocable,
and enforceable, save upon such grounds as exist at law or in equity for
the revocation of any contract.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 2, 43 Stat. 883.
[CITE: 9USC3]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 3. Stay of proceedings where issue therein referable to
arbitration
If any suit or proceeding be brought in any of the courts of the
United States upon any issue referable to arbitration under an agreement
in writing for such arbitration, the court in which such suit is
pending, upon being satisfied that the issue involved in such suit or
proceeding is referable to arbitration under such an agreement, shall on
application of one of the parties stay the trial of the action until
such arbitration has been had in accordance with the terms of the
agreement, providing the applicant for the stay is not in default in
proceeding with such arbitration.
(July 30, 1947, ch. 392, 61 Stat. 670.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 3, 43 Stat. 883.
[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.
[CITE: 9USC5]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 5. Appointment of arbitrators or umpire
If in the agreement provision be made for a method of naming or
appointing an arbitrator or arbitrators or an umpire, such method shall
be followed; but if no method be provided therein, or if a method be
provided and any party thereto shall fail to avail himself of such
method, or if for any other reason there shall be a lapse in the naming
of an arbitrator or arbitrators or umpire, or in filling a vacancy, then
upon the application of either party to the controversy the court shall
designate and appoint an arbitrator or arbitrators or umpire, as the
case may require, who shall act under the said agreement with the same
force and effect as if he or they had been specifically named therein;
and unless otherwise provided in the agreement the arbitration shall be
by a single arbitrator.
(July 30, 1947, ch. 392, 61 Stat. 671.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 5, 43 Stat. 884.
[CITE: 9USC6]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 6. Application heard as motion
Any application to the court hereunder shall be made and heard in
the manner provided by law for the making and hearing of motions, except
as otherwise herein expressly provided.
(July 30, 1947, ch. 392, 61 Stat. 671.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 6, 43 Stat. 884.
[CITE: 9USC7]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 7. Witnesses before arbitrators; fees; compelling
attendance
The arbitrators selected either as prescribed in this title or
otherwise, or a majority of them, may summon in writing any person to
attend before them or any of them as a witness and in a proper case to
bring with him or them any book, record, document, or paper which may be
deemed material as evidence in the case. The fees for such attendance
shall be the same as the fees of witnesses before masters of the United
States courts. Said summons shall issue in the name of the arbitrator or
arbitrators, or a majority of them, and shall be signed by the
arbitrators, or a majority of them, and shall be directed to the said
person and shall be served in the same manner as subpoenas to appear and
testify before the court; if any person or persons so summoned to
testify shall refuse or neglect to obey said summons, upon petition the
United States district court for the district in which such arbitrators,
or a majority of them, are sitting may compel the attendance of such
person or persons before said arbitrator or arbitrators, or punish said
person or persons for contempt in the same manner provided by law for
securing the attendance of witnesses or their punishment for neglect or
refusal to attend in the courts of the United States.
(July 30, 1947, ch. 392, 61 Stat. 672; Oct. 31, 1951, ch. 655, Sec. 14,
65 Stat. 715.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 7, 43 Stat. 884.
Amendments
1951--Act Oct. 31, 1951, substituted ``United States district court
for'' for ``United States court in and for'', and ``by law for'' for
``on February 12, 1925, for''.
[CITE: 9USC8]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 8. Proceedings begun by libel in admiralty and seizure of
vessel or property
If the basis of jurisdiction be a cause of action otherwise
justiciable in admiralty, then, notwithstanding anything herein to the
contrary, the party claiming to be aggrieved may begin his proceeding
hereunder by libel and seizure of the vessel or other property of the
other party according to the usual course of admiralty proceedings, and
the court shall then have jurisdiction to direct the parties to proceed
with the arbitration and shall retain jurisdiction to enter its decree
upon the award.
(July 30, 1947, ch. 392, 61 Stat. 672.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 8, 43 Stat 884.
[CITE: 9USC9]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 9. Award of arbitrators; confirmation; jurisdiction;
procedure
If the parties in their agreement have agreed that a judgment of the
court shall be entered upon the award made pursuant to the arbitration,
and shall specify the court, then at any time within one year after the
award is made any party to the arbitration may apply to the court so
specified for an order confirming the award, and thereupon the court
must grant such an order unless the award is vacated, modified, or
corrected as prescribed in sections 10 and 11 of this title. If no court
is specified in the agreement of the parties, then such application may
be made to the United States court in and for the district within which
such award was made. Notice of the application shall be served upon the
adverse party, and thereupon the court shall have jurisdiction of such
party as though he had appeared generally in the proceeding. If the
adverse party is a resident of the district within which the award was
made, such service shall be made upon the adverse party or his attorney
as prescribed by law for service of notice of motion in an action in the
same court. If the adverse party shall be a nonresident, then the notice
of the application shall be served by the marshal of any district within
which the adverse party may be found in like manner as other process of
the court.
(July 30, 1947, ch. 392, 61 Stat. 672.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 9, 43 Stat. 885.
[CITE: 9USC10]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 10. Same; vacation; grounds; rehearing
(a) In any of the following cases the United States court in and for
the district wherein the award was made may make an order vacating the
award upon the application of any party to the arbitration--
(1) where the award was procured by corruption, fraud, or undue
means;
(2) where there was evident partiality or corruption in the
arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing
to postpone the hearing, upon sufficient cause shown, or in refusing
to hear evidence pertinent and material to the controversy; or of
any other misbehavior by which the rights of any party have been
prejudiced; or
(4) where the arbitrators exceeded their powers, or so
imperfectly executed them that a mutual, final, and definite award
upon the subject matter submitted was not made.
(b) If an award is vacated and the time within which the agreement
required the award to be made has not expired, the court may, in its
discretion, direct a rehearing by the arbitrators.
(c) The United States district court for the district wherein an
award was made that was issued pursuant to section 580 of title 5 may
make an order vacating the award upon the application of a person, other
than a party to the arbitration, who is adversely affected or aggrieved
by the award, if the use of arbitration or the award is clearly
inconsistent with the factors set forth in section 572 of title 5.
(July 30, 1947, ch. 392, 61 Stat. 672; Pub. L. 101-552, Sec. 5, Nov. 15,
1990, 104 Stat. 2745; Pub. L. 102-354, Sec. 5(b)(4), Aug. 26, 1992, 106
Stat. 946; Pub. L. 107-169, Sec. 1, May 7, 2002, 116 Stat. 132.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 10, 43 Stat. 885.
Amendments
2002--Subsec. (a)(1) to (4). Pub. L. 107-169, Sec. 1(1)-(3),
substituted ``where'' for ``Where'' and realigned margins in pars. (1)
to (4), and substituted a semicolon for period at end in pars. (1) and
(2) and ``; or'' for the period at end in par. (3).
Subsec. (a)(5). Pub. L. 107-169, Sec. 1(5), substituted ``If an
award'' for ``Where an award'', inserted a comma after ``expired'', and
redesignated par. (5) as subsec. (b).
Subsec. (b). Pub. L. 107-169, Sec. 1(4), (5), redesignated subsec.
(a)(5) as (b). Former subsec. (b) redesignated (c).
Subsec. (c). Pub. L. 107-169, Sec. 1(4), redesignated subsec. (b) as
(c).
1992--Subsec. (b). Pub. L. 102-354 substituted ``section 580'' for
``section 590'' and ``section 572'' for ``section 582''.
1990--Pub. L. 101-552 designated existing provisions as subsec. (a),
in introductory provisions substituted ``In any'' for ``In either'',
redesignated former subsecs. (a) to (e) as pars. (1) to (5),
respectively, and added subsec. (b) which read as follows: ``The United
States district court for the district wherein an award was made that
was issued pursuant to section 580 of title 5 may make an order vacating
the award upon the application of a person, other than a party to the
arbitration, who is adversely affected or aggrieved by the award, if the
use of arbitration or the award is clearly inconsistent with the factors
set forth in section 572 of title 5.''
[CITE: 9USC11]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 11. Same; modification or correction; grounds; order
In either of the following cases the United States court in and for
the district wherein the award was made may make an order modifying or
correcting the award upon the application of any party to the
arbitration--
(a) Where there was an evident material miscalculation of figures or
an evident material mistake in the description of any person, thing, or
property referred to in the award.
(b) Where the arbitrators have awarded upon a matter not submitted
to them, unless it is a matter not affecting the merits of the decision
upon the matter submitted.
(c) Where the award is imperfect in matter of form not affecting the
merits of the controversy.
The order may modify and correct the award, so as to effect the
intent thereof and promote justice between the parties.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 11, 43 Stat. 885.
[CITE: 9USC12]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 12. Notice of motions to vacate or modify; service; stay of
proceedings
Notice of a motion to vacate, modify, or correct an award must be
served upon the adverse party or his attorney within three months after
the award is filed or delivered. If the adverse party is a resident of
the district within which the award was made, such service shall be made
upon the adverse party or his attorney as prescribed by law for service
of notice of motion in an action in the same court. If the adverse party
shall be a nonresident then the notice of the application shall be
served by the marshal of any district within which the adverse party may
be found in like manner as other process of the court. For the purposes
of the motion any judge who might make an order to stay the proceedings
in an action brought in the same court may make an order, to be served
with the notice of motion, staying the proceedings of the adverse party
to enforce the award.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 12, 43 Stat. 885.
[CITE: 9USC13]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 13. Papers filed with order on motions; judgment;
docketing; force and effect; enforcement
The party moving for an order confirming, modifying, or correcting
an award shall, at the time such order is filed with the clerk for the
entry of judgment thereon, also file the following papers with the
clerk:
(a) The agreement; the selection or appointment, if any, of an
additional arbitrator or umpire; and each written extension of the time,
if any, within which to make the award.
(b) The award.
(c) Each notice, affidavit, or other paper used upon an application
to confirm, modify, or correct the award, and a copy of each order of
the court upon such an application.
The judgment shall be docketed as if it was rendered in an action.
The judgment so entered shall have the same force and effect, in all
respects, as, and be subject to all the provisions of law relating to, a
judgment in an action; and it may be enforced as if it had been rendered
in an action in the court in which it is entered.
(July 30, 1947, ch. 392, 61 Stat. 673.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 13, 43 Stat. 886.
[CITE: 9USC14]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 14. Contracts not affected
This title shall not apply to contracts made prior to January 1,
1926.
(July 30, 1947, ch. 392, 61 Stat. 674.)
Derivation
Act Feb. 12, 1925, ch. 213, Sec. 15, 43 Stat. 886.
Prior Provisions
Act Feb. 12, 1925, ch. 213, Sec. 14, 43 Stat. 886, former provisions
of section 14 of this title relating to ``short title'' is not now
covered.
[CITE: 9USC15]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 15. Inapplicability of the Act of State doctrine
Enforcement of arbitral agreements, confirmation of arbitral awards,
and execution upon judgments based on orders confirming such awards
shall not be refused on the basis of the Act of State doctrine.
(Added Pub. L. 100-669, Sec. 1, Nov. 16, 1988, 102 Stat. 3969.)
Codification
Another section 15 of this title was renumbered section 16 of this
title.
[CITE: 9USC16]
TITLE 9--ARBITRATION
CHAPTER 1--GENERAL PROVISIONS
Sec. 16. Appeals
(a) An appeal may be taken from--
(1) an order--
(A) refusing a stay of any action under section 3 of this
title,
(B) denying a petition under section 4 of this title to
order arbitration to proceed,
(C) denying an application under section 206 of this title
to compel arbitration,
(D) confirming or denying confirmation of an award or
partial award, or
(E) modifying, correcting, or vacating an award;
(2) an interlocutory order granting, continuing, or modifying an
injunction against an arbitration that is subject to this title; or
(3) a final decision with respect to an arbitration that is
subject to this title.
(b) Except as otherwise provided in section 1292(b) of title 28, an
appeal may not be taken from an interlocutory order--
(1) granting a stay of any action under section 3 of this title;
(2) directing arbitration to proceed under section 4 of this
title;
(3) compelling arbitration under section 206 of this title; or
(4) refusing to enjoin an arbitration that is subject to this
title.
(Added Pub. L. 100-702, title X, Sec. 1019(a), Nov. 19, 1988, 102 Stat.
4670, Sec. 15; renumbered Sec. 16, Pub. L. 101-650, title III,
Sec. 325(a)(1), Dec. 1, 1990, 104 Stat. 5120.)
Amendments
1990--Pub. L. 101-650 renumbered the second section 15 of this title
as this section.
