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§ 305. Relationship between the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958

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Release point 117-102 · current through 03/15/2022

§ 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.

Source(Added Pub. L. 101–369, § 1,
Aug. 15, 1990
, 104 Stat. 449.)
Notes

Statutory Notes and Related Subsidiaries

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.

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