The Federal Arbitration Act (9 U.S.C. § 1-16 “FAA”) governs arbitration agreements in contracts involving interstate commerce and applies in both federal and state courts. FAA requires that arbitration agreements be in writing to be enforceable.The form can vary; it can be an arbitration clause in a commercial contract, a stand-alone arbitration agreement, or other type of written agreement.
Chapter 1 (9 U.S.C. § 1-16) stipulates general provisions applicable to arbitration agreements involving maritime, interstate, and foreign commerce.
The 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") is implemented in Chapter 2 (9 U.S.C. 201-208), which governs any contractual or non-contractual relationship between parties that is deemed to be commercial in nature, unless both parties are citizens of the United States and the relationship involves property located abroad or has some other reasonable connection to one or more foreign states.
Chapter 3 (9 U.S.C. §§ 301-307) implements the 1975 Inter-American Convention on International Arbitration (“Panama Convention”). Where both the New York and Panama Convention could apply to the enforcement of an arbitral award, the NY Convention applies, unless the parties indicate the Panama Convention should apply.
The US has not enacted the United Nations Commission on International Trade Law (“UNCITRAL”) Model Law, however several states have enacted statutes based on Model Law, namely: California, Connecticut, Florida, Georgia, Illinois, Louisiana, Oregon, and Texas.