§ 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of
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.
Notes
Effective Date
Section effective upon the entry into force of the Inter-American Convention on International Commercial Arbitration of
January 30, 1975
, with respect to the United States (Oct. 27, 1990
), see section 3 of Pub. L. 101–369, set out as a note under section 301 of this title.