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A - Ware's Revised Chapter 1 of the Federal Arbitration Act: 9 U.S.C. §§1–17

Published online by Cambridge University Press:  16 November 2009

Edward Brunet
Affiliation:
Lewis and Clark College, Portland
Richard E. Speidel
Affiliation:
Northwestern University, Illinois
Jean E. Sternlight
Affiliation:
University of Nevada, Las Vegas
Stephen J. Ware
Affiliation:
University of Kansas
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Summary

GENERAL PROVISIONS

“MARITIME TRANSACTIONS,” “COMMERCE” AND “RECORD” DEFINED

“Maritime transactions,” as herein defined, means charter parties, bills of lading of water carriers, agreements relating to wharfage, supplies furnished vessels or repairs to vessels, collisions, or any other matters in foreign commerce which, if the subject of controversy, would be embraced within admiralty jurisdiction; “commerce,” as herein defined, means commerce among the several States or with foreign nations, or in any Territory of the United States or in the District of Columbia, or between any such Territory and another, or between any such Territory and any State or foreign nation, or between the District of Columbia and any State or Territory or foreign nation; “Record,” as herein defined, means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

VALIDITY, IRREVOCABILITY, AND ENFORCEMENT OF AGREEMENTS TO ARBITRATE

In any maritime transaction or a contract evidencing a transaction involving commerce, an agreement contained in a record to submit to arbitration any existing or subsequent controversy is valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract. In the absence of such a ground, the arbitration agreement is enforceable by the remedy of specific performance.

STAY OF PROCEEDINGS WHERE ISSUE THEREIN REFERABLE TO ARBITRATION

If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.

Type
Chapter
Information
Arbitration Law in America
A Critical Assessment
, pp. 345 - 351
Publisher: Cambridge University Press
Print publication year: 2006

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