Foreign and non-domestic arbitration agreements and awards are enforceable in the United States under the New York Convention on Recognition and Enforcement of Foreign Arbitral Awards as implemented by Congress’ addition of Chapter 2 to the Federal Arbitration Act (“FAA”). Supporters vigorously encouraged enactment of the FAA in 1925 to achieve prompt, informed, and fast-track resolution of commercial disputes in the marketplace. The silence of the FAA on many issues has required U.S. courts to produce a very large and rich jurisprudence on the recognition and enforcement by U.S. courts of foreign and non-domestic arbitration agreements and arbitral awards.

This chapter does not reflect legal developments that have occurred since completion of the manuscript in October 2015.