9 U.S.C. § 202
Agreement or award falling under the Convention
An arbitration agreement or arbitral award arising out of a legal relationship, whether contractual or not, which is considered as commercial, including a transaction, contract, or agreement described in section 2 of this title, falls under the Convention. An agreement or award arising out of such a relationship which is entirely between citizens of the United States shall be deemed not to fall under the Convention unless that relationship involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with one or more foreign states. For the purpose of this section a corporation is a citizen of the United States if it is incorporated or has its principal place of business in the United States.
Notes of Decisions
Cited in 410
cases (152 in the last 5 years), 1973–2026 · leading case: Freudensprung v. Offshore Technical Services, Inc.
Freudensprung v. Offshore Technical Services, Inc. (2004)
“3d at 273 ; 9 U.S.C. § 202 (defining a commercial legal relationship as “including a transaction, contract, or agreement described in section 2 of [Title 9]” — that is, either a maritime transaction or a contract involving commerce).”
Jacada (Europe), Ltd. F/k/a Client/server Technology (Europe), Ltd. v. International Marketing Strategies, Inc. (2005)
“When Congress ratified the Convention in 1970, it also passed implementing legislation, found at 9 U.S.C. §§ 201-208 .”
Rogers v. Royal Caribbean Cruise Line (2008)
“" 9 U.S.C. § 202 . Section 2 of the FAA, referenced in Section 202, provides: A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction,…”
Century Indemnity Co. v. Certain Underwriters at Lloyd's, London (2009)
“8 9 U.S.C. § 202 . Actions under the New York Convention are deemed to arise under the laws and treaties of the United States.”
Diag Human S.E. v. Czech Republic - Ministry of H (2016)
“In the United States, Congress has codified the Convention in the Federal Arbitration Act, 9 U.S.C. §§ 202 et seq., which provides that any “action or proceeding falling under the Convention shall be deemed to arise under the laws and treaties of the United States” and that the…”
Dumitru v. Princess Cruise Lines, Ltd. (2010)
“9 U.S.C. § 202 . It is undisputed that the arbitration agreement in this case is contained in a *337 seamen’s employment contract.”
Soaring Wind Energy, L.L.C. v. Catic USA In (2020)
“But what should amount to a “reasonable relation” under 9 U.S.C. § 202 is patently a question of law, not of fact.”
Brittania-U Nigeria, Limited v. Chevron USA, Incor (2017)
“”); 9 U.S.C. § 202 (explaining when an agreement falls under the Convention).”
Chloe Z Fishing Co. v. Odyssey Re (London) Ltd. (2000)
“Article II §§ 1-2; (ii) Does the agreement provide for arbitration in the territory of a signatory of the Convention? See Convention, Article I §§ 1 & 3; 9 U.”
CBF Indústria de Gusa S/A v. AMCI Holdings, Inc. (2017)
“” 9 U.S.C. § 202 . As the instant case involves non-U.”
Aggarao v. MOL SHIP MANAGEMENT CO., LTD. (2012)
“See 9 U.S.C. § 202 . In this respect, he maintains that the POEA Contract did not create a commercial legal relationship because the FAA is the source of the definition of “commercial,” and it exempts from that definition the employment contracts of a seaman.”
Beijing Shougang Mining v. Mongolia (2021)
“, which implements the New York Convention, arbitral awards thus “fall[] under the [New York] Convention,” 9 U.S.C. § 202 , “unless both parties are citizens of the United States and” the legal relationship giving rise to the arbitration “‘involves [neither] property located…”
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