To implement the Inter-American Convention on International Commercial Arbitration.
PL 101-369 (H.R.4314), enacted 08/15/1990

104 STAT. 448 
PUBLIC LAW 101-369—AUG. 15, 1990 
Public Law 101-369 
101st Congress 
An Act 
Aug. 15, 1990 
To implement the Inter-American Convention on International C!ommercial 
[H.R. 4314] 
Arbitration. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. AMENDMENT TO TITLE 9, UNITED STATES CODE. 
Title 9, United States Code, is amended by adding at the end the 
following: 
"CHAPTER 3. INTER-AMERICAN CONVENTION ON 
INTERNATIONAL COMMERCIAL ARBITRATION 
"Sec. 
"301. Enforcement of Convention. 
"302. Incorporation by reference. 
"303. Order to compel arbitration; appointment of arbitrators; locale. 
"304. Recognition and enforcement of foreign arbitral decisions and awards; 
reciprocity. 
"305. Relationship between the Inter-American Convention and the Convention on 
the Recognition and Enforcement of Foreign Arbitral Awards of 
June 10,1958. 
"306. Applicable rules of Inter-American Commercial Arbitration Commission. 
"307. Chapter 1; residual application. 
"§ 301. Enforcement of Convention 
"The Inter-American Convention on International Commercial 
Arbitration of January 30, 1975, shall be enforced in United States 
courts in accordance with this chapter. 
"§ 302. Incorporation by reference 
"Sections 202, 203, 204, 205, and 207 of this title shall apply to this 
chapter as if specifically set forth herein, except that for the 
purposes of this chapter 'the Convention' shall mean the Inter-
American Convention. 
"§ 303. Order to compel arbitration; appointment of arbitrators; 
locale 
"(a) A court having jurisdiction under this chapter may direct that 
arbitration be held in accordance with the agreement at any place 
therein provided for, whether that place is within or without the 
United States. The court may also appoint arbitrators in accordance 
with the provisions of the agreement. 
"0)) In the event the agreement does not make provision for the 
place of arbitration or the appointment of arbitrators, the court 
shall direct that the arbitration shall be held and the arbitrators be 
appointed in accordance with Article 3 of the Inter-American 
Convention. 
PUBLIC LAW 101-369—AUG. 15, 1990 
104 STAT. 449 
"§ 304. Recognition and enforcement of foreign arbitral decisions 
and awards; reciprocity 
"Arbitral decisions or awards made in the territory of a foreign 
State shall, on the beisis of reciprocity, be recognized and enforced 
under this chapter only if that State has ratified or acceded to the 
Inter-American C!onvention. 
"§ 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-Amer-
ican 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 other-
wise 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 Conven-
tion shall apply. 
"(2) In all other cases the Convention on the Recognition and 
Enforcement of Foreign Arbitral Awards of June 10,1958, shall 
apply. 
"§ 306. Applicable rules of Inter-American Commercial Arbitra-
tion Commission 
"(a) For the purposes of this chapter the rules of procedure of the 
Inter-American Commercial Arbitration Commission referred to in 
Article 3 of the Inter-American Convention shall, subject to subsec-
tion Qoi) of this section, be those rules as promulgated by the Commis-
sion on July 1,1988. 
"Ot)) In the event the rules of procedure of the Inter-American 
Commercial Arbitration Commission are modified or amended in 
accordance with the procedures for amendment of the rules of that 
Commission, the Secretary of State, by regulation in accordance 
with section 553 of title 5, consistent with the aims and purposes of 
this Convention, may prescribe that such modifications or amend-
ments shall be effective for purposes of this chapter. 
"§ 307. Chapter 1; residual application 
"Chapter 1 applies to actions and proceedings brought under this 
chapter to the extent chapter 1 is not in conflict with this chapter or 
the Inter-American Convention as ratified by the United States.". 
104 STAT. 450 
PUBLIC LAW 101-369—AUG. 15, 1990 
SEC. 2. CLERICAL AMENDMENT. 
The table of chapters at the beginning of title 9, United States 
Code, is further amended by adding at the end the following new 
item: 
"3. Inter-American Convention on International Commercial Arbitration 
301". 
9 use 301 note. 
SEC. 3. EFFECTIVE DATE. 
This Act shall take effect upon the entry into force of the Inter-
American Convention on International Commercial Arbitration of 
January 30,1975, with respect to the United States. 
Approved August 15, 1990. 
LEGISLATIVE HISTORY—H.R. 4314 (S. 1941): 
HOUSE REPORTS: No. 101-501 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
June 5, considered and passed House. 
Aug. 4, considered and passed Senate.