The Legal Framework for Arbitration in the United States of America

General Information

  • UNCITRAL Model-Law based: No. However, 8 states have adopted it (CA, CT, FL, GA, NC, OH, OR, TX). 
  • Legal Provisions: The United States Arbitration Act (Federal Arbitration Act), 9 U.S.C. (for international arbitration). Each state has enacted its own arbitration laws.
  • US is a common law jurisdiction, except Louisiana, which is a civil law jurisdiction.

Multilateral Conventions

  • New York Convention: Yes (accession: 30 September 1970); reservations and declarations: The United States of America will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State. The United States of America will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the United States.
  • European Convention: No.
  • ICSID Convention: Yes (ratification: 19 December 1966; entry into force: 1966)
  • Energy Charter Treaty: No.

Arbitral Institutions

Last updated July 2017