USA

The Legal Framework for Arbitration

General Information

  • UNCITRAL Model-Law based: No. However, eight states have adopted it: California, Connecticut, Florida, Georgia, Illinois, Louisiana, Oregon, and Texas.

  • Legal Provisions: The United States Arbitration Act (Federal Arbitration Act), 9 U.S.C. (for international arbitration). Each state has also enacted its own arbitration laws.

  • The United States is a common law jurisdiction, except Louisiana, which is a civil law jurisdiction.

Arbitral Institutions

  • International Centre for Dispute Resolution/American Arbitration Association (ICDR/AAA)

  • Judicial Arbitration and Mediation Services (JAMS)

  • International Institute for Conflict Prevention and Resolution (CPR)

  • National Arbitration Forum

  • Financial Industry Regulatory Authority (FINRA)

  • Chicago International Dispute Resolution Association (CIDRA)

  • The Maritime Arbitration Association of the United States (MAA)

Multilateral Conventions

  • New York Convention: Yes (ratification/accession: 30 September 1970); reservations: 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/accession: 10 June 1966);

  • Energy Charter Treaty: No.

 

Last updated February 2019