A bill to implement the Inter-American Convention on International Commercial Arbitration.

(Measure passed House, amended, roll call #462 (356-0)) Makes the act of state doctrine inapplicable to the enforcement of arbitral agreements, confirmation of arbitral awards, and execution upon judgments based on orders confirming such awards. Makes an exception to the immunity of a foreign nation from the jurisdiction of U.S. courts in cases of an action to enforce an arbitral agreement if: (1) the arbitration takes place or is intended to take place in the United States; (2) the agreement or award is governed by a treaty or international agreement in force for the United States calling for the recognition and enforcement of arbitral awards; (3) the underlying claim could have been brought in a U.S. court; or (4) the foreign nation has waived its immunity either explicitly or by implication. Makes an exception to the immunity from attachment and execution of the property of a foreign nation in cases where the judgment is based on an order confirming an arbitral award provided that the attachment or execution would not be inconsistent with any provision in the arbitral agreement.

(Measure passed Senate, amended) Provides for the implementation and enforcement of the Inter-American Convention on International Commercial Arbitration (Inter-American Convention) by United States courts. Authorizes courts to issue orders to compel arbitration and to appoint arbitrators in accordance with the agreement of the parties involved, or in accordance with the Convention in the event the agreement makes no provision for arbitration. Specifies that any arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced only if that State has ratified or acceded to the Convention. Provides that where the requirements of the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, the Inter-American Convention shall apply only if a majority of the parties to arbitration are citizens of States that: (1) have ratified and acceded to such Convention; and (2) are members of the Organization of American States. Makes the act of state doctrine inapplicable to the enforcement of arbitral agreements, confirmation of arbitral awards, and execution upon judgments based on orders confirming such awards. Makes an exception to the immunity of a foreign nation from the jurisdiction of U.S. courts in cases of an action to enforce an arbitral agreement or to confirm an award made pursuant to such an agreement, if: (1) the arbitration takes place or is intended to take place in the United States; (2) the agreement or award is governed by a treaty or international agreement in force for the United States calling for the recognition and enforcement of arbitral awards; (3) the underlying claim could have been brought in a U.S. court; or (4) the foreign nation has waived its immunity either explicitly or by implication. Makes an exception to the immunity from attachment and execution of the property of a foreign nation in cases where the judgment is based on an order confirming an arbitral award, provided that the attachment or execution would not be inconsistent with any provision in the arbitral agreement.

(Reported to Senate from the Committee on Foreign Relations with amendment (without written report)) Provides for the implementation and enforcement of the Inter-American Convention on International Commercial Arbitration (Inter-American Convention) by United States courts. Authorizes courts to issue orders to compel arbitration and to appoint arbitrators in accordance with the agreement of the parties involved, or in accordance with the Convention in the event the agreement makes no provision for arbitration. Specifies that any arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced only if that State has ratified or acceded to the Convention. Provides that where the requirements of the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, the Inter-American Convention shall apply only if a majority of the parties to arbitration are citizens of States that: (1) have ratified and acceded to such Convention; and (2) are members of the Organization of American States. Makes the act of state doctrine inapplicable to the enforcement of arbitral agreements, confirmation of arbitral awards, and execution upon judgments based on orders confirming such awards. Makes an exception to the immunity of a foreign nation from the jurisdiction of U.S. courts in cases of an action to enforce an arbitral agreement or to confirm an award made pursuant to such an agreement, if: (1) the arbitration takes place or is intended to take place in the United States; (2) the agreement or award is governed by a treaty or international agreement in force for the United States calling for the recognition and enforcement of arbitral awards; (3) the underlying claim could have been brought in a U.S. court; or (4) the foreign nation has waived its immunity either explicitly or by implication. Makes an exception to immunity from attachment and execution of the property of a foreign nation in cases where the judgment is based on an order confirming an arbitral award, provided that the attachment or execution would not be inconsistent with any provision in the arbitral agreement.

Provides for the implementation and enforcement of the Inter-American Convention on International Commercial Arbitration (Inter-American Convention) by United States courts. Authorizes courts to issue orders to compel arbitration and to appoint arbitrators in accordance with the agreement of the parties involved, or in accordance with the Convention in the event the agreement makes no provision for arbitration. Specifies that any arbitral decisions or awards made in the territory of a foreign State shall, on the basis of reciprocity, be recognized and enforced only if that State has ratified or acceded to the Convention. Provides that where the requirements of the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958, are met, the Inter-American Convention shall apply only if a majority of the parties to arbitration are citizens of States that: (1) have ratified and acceded to such Convention; and (2) are members of the Organization of American States.