Opinion · Supreme Court of the United States

Cortez Byrd Chips, Inc. v. Bill Harbert Construction Co.

Cortez Byrd Chips, Inc. v. Bill Harbert Constr. Co., 529 U.S. 193 (2000)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
2000-03-28
Topic
litigation

How later courts describe this case

  • recognizing that § 10 motions begin a separate proceeding and that venue is not limited to the district of the arbitration
  • concluding that hardship from a district court venue transfer that “Congress explicitly attempted to prevent” justified mandamus
  • holding that venue is proper where the award was made, in any district proper under the general venue statute, or in the court specified by the parties
  • holding that § 9 is permissive concerning venue in any federal district court
  • holding that the FAA’s venue provisions are permissive and that a motion to confirm an arbitration award may also be made in any district proper under the general venue statute
  • recognizing that under 9 U.S.C. § 10, applications begin a 19 separate proceeding
  • holding that a motion to confirm, vacate, or modify an arbitration award may be brought in a venue proper under 28 U.S.C. § 1391 or under 9 U.S.C. §§ 9-11, the Federal Arbitration Act’s venue provisions
  • holding that the Federal Arbitration Act (“FAA”) permits a motion to confirm or vacate an arbitration award to be brought either where the award was made or in any district proper under the general venue statute

Citator

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Cited by
179 opinions

Headnotes

  1. Arbitration & Dispute Resolution — Venue for Post-Award Motions The venue provisions of the Federal Arbitration Act, 9 U.S.C. §§ 9–11, are permissive rather than restrictive: a motion to confirm, vacate, or modify an arbitration award may be brought either in the district in which the award was made or in any district proper under the general venue statute, 28 U.S.C. § 1391. 529 U.S. 193, 195 (2000)
  2. Arbitration & Dispute Resolution — Venue Under the General Venue Statute A motion to vacate or modify an arbitration award is properly venued in a diversity action under 28 U.S.C. § 1391(a)(2) in the judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, such as the district where the contract was performed, where the FAA venue provisions supplement rather than supplant the general venue statute. 529 U.S. at 197–198
  3. Arbitration & Dispute Resolution — Statutory Construction of Venue Provisions Because 9 U.S.C. §§ 9, 10, and 11 were enacted contemporaneously and employ similar language, the FAA's venue provisions for confirmation, vacatur, and modification of arbitration awards are best analyzed together, and the permissive or restrictive character of a provision cannot be resolved merely by parsing statutory language that is reasonably susceptible to both readings, since the use of "may" is not necessarily conclusive of congressional intent. 529 U.S. at 198–200
  4. Arbitration & Dispute Resolution — History and Purpose of FAA Venue Provisions The FAA's venue provisions were enacted in 1925 against a considerably more restrictive general venue statute and a judicial inhospitality to forum selection clauses, and they were intended to liberalize venue choice for post-arbitration disputes; construing them restrictively would foreclose suit in the defendant's residence, normally the most convenient forum, without any indication that Congress so intended. 529 U.S. at 200–203
  5. Arbitration & Dispute Resolution — Forum Selection and Flexibility A restrictive reading of the FAA's venue provisions would undermine the statutory policy of rapid and unobstructed enforcement of arbitration agreements and would inhibit the flexibility of parties to choose an arbitration site by requiring that future court proceedings to vacate or modify an award be held in that same, potentially inconvenient, forum. 529 U.S. at 203–204
  6. Arbitration & Dispute Resolution — Relationship of § 3 Stay Power to §§ 9 — 11 Venue A restrictive interpretation of the FAA's venue provisions would place 9 U.S.C. § 3 and §§ 9–11 in needless tension, because a court with power to stay an action referable to arbitration under § 3 also has power to confirm any ensuing arbitration award, and there is no reason Congress would allow liberal venue where post-award motions arise as subsequent stages of an antecedent action but require a different rule where arbitration was not preceded by litigation. 529 U.S. at 204–205
  7. Arbitration & Dispute Resolution — Venue and Foreign Arbitrations A restrictive reading of §§ 9–11 would create anomalous results by precluding actions in United States courts to confirm, modify, or vacate awards rendered in foreign arbitrations not covered by either the New York or Inter-American Convention, and venue statutes should be construed to avoid creating such venue gaps. 529 U.S. at 205–206
  8. Arbitration & Dispute Resolution — Analysis of Special Venue Statutes Cases construing other special venue provisions as restrictive do not establish that special venue statutes are generally restrictive; they demonstrate only that analysis of a special venue provision must be specific to the statute in question, including its history and function. 529 U.S. at 206–207
CORTEZ BYRD CHIPS, INC. v. BILL HARBERT CONSTR. CO.,529 U.S. 193(2000)
CORTEZ BYRD CHIPS, INC., PETITIONERv. BILL HARBERT CONSTRUCTION
COMPANY ETC.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
No. 98-1960.
Argued January 10, 2000
Decided March 21, 2000
Petitioner Cortez Byrd Chips, Inc., and respondent Bill Harbert Construction Company agreed,inter alia, that any disputes arising from Harbert's construction of a Mississippi mill for Cortez Byrd would be decided by arbitration. When such a dispute arose, arbitration was conducted in Alabama and Harbert received an award. Cortez Byrd sought to vacate or modify the award in the Federal District Court for the Southern District of Mississippi, where the contract was performed; and seven days later Harbert sought to confirm the award in the Northern District of Alabama. The latter court refused to dismiss, transfer, or stay its action, concluding that venue was proper only there, and it entered judgment for Harbert. The Eleventh Circuit held that, under the Federal Arbitration Act (FAA), venue for motions to confirm, vacate, or modify awards was exclusively in the district where the arbitration award was made, and thus venue here was limited to the Alabama court.Held:The FAA's venue provisions are permissive, allowing a motion to confirm, vacate, or modify to be brought either in the district where the award was made or in any district proper under the general venue statute. Pp. 3-11.
(a) Cortez Byrd's Mississippi motion was clearly proper as a diversity action under the general venue statute,28 U.S.C. § 1391(a)(2), because it was filed where the contract was performed. However, the FAA provides that upon motion of an arbitration party, the federal district court where the arbitration award was made "may" vacate,9 U.S.C. § 10, or "may" modify or correct, § 11, the award. If these provisions are restrictive, supplanting rather than supplementing the general venue statute, there was no Mississippi venue for Cortez Byrd's action. Owing to their contemporaneous enactment and similar language, §§ 10 and 11 are best analyzed together with § 9, which permits parties to select the venue for confirmation of an award and provides that, in the absence of an agreement, venue lies in the federal court for the district where the award was made. Pp. 3-5.
(b) Parsing the language of §§ 9-11 does not answer the question whether the provisions are restrictive or permissive, for there is languagePage 194supporting both views. However, the history and function of the provisions confirm that they were meant to expand, not limit, venue choice. The FAA was enacted in 1925 against the backdrop of a considerably more restrictive general venue statute than today's. The 1925 general venue statute effectively limited civil suits to the district where the defendant resided, and courts did not favor forum selection clauses. The FAA's venue provisions had an obviously liberalizing effect, undiminished by any suggestion that Congress meant simultaneously to foreclose a suit where the defendant resided. That is normally a defendant's most convenient forum, and it would take a very powerful reason ever to suggest that Congress meant to eliminate such a venue for postarbitration disputes. This view is confirmed by the obviously liberalizing § 9, which permits forum selection agreements. Were §§ 10 and 11 construed restrictively, a proceeding to confirm an award begun in a selected forum would be held in abeyance while an objecting party returned to the district of arbitration to modify or vacate the award. Were that action unsuccessful, the parties would then return to the previously selected forum for the confirming order originally sought. Nothing could be more clearly at odds with the FAA's policy of rapid and unobstructed enforcement of arbitration agreements or with the desired flexibility of parties in choosing an arbitration site. A restrictive interpretation would also place § 3 — which permits a court to stay a proceeding referable to arbitration pending such arbitration — and §§ 9-11 in needless tension, for a court with the power to stay an action under § 3 also has the power to confirm any ensuing arbitration award,MarineTransit Corpv.Dreyfus,284 U.S. 263,275-276. Harbert's interpretation would also create anomalous results in the aftermath of arbitrations held abroad. Against this reasoning, specific to the FAA's history and function, Harbert's citations to cases construing other special venue provisions as restrictive, see,e.g., Fourco Glass Co. v.Transmirra Products Corp.,353 U.S. 222,227-228, are beside the point. Their authority is not that special venue statutes are restrictive, but that analysis of special venue provisions must be specific to the statute in question. Pp. 5-11.
169 F.3d 693, reversed and remanded.

SOUTER, J., delivered the opinion for a unanimous Court.
Daniel H. Brombergargued the cause for petitioner. With him on the briefs wereJohn L. Maxey IIandJohn F. Hawkins.Page 195Susan S. Wagnerargued the cause for respondent. With her on the brief wasEdward P. Meyerson.
JUSTICE SOUTER delivered the opinion of the Court.
This case raises the issue whether the venue provisions of the Federal Arbitration Act (FAA or Act),9 U.S.C. § 9-11, are restrictive, allowing a motion to confirm, vacate, or modify an arbitration award to be brought only in the district in which the award was made, or are permissive, permitting such a motion either where the award was made or in any district proper under the general venue statute. We hold the FAA provisions permissive.
I
Petitioner Cortez Byrd Chips, Inc., and respondent Bill Harbert Construction Company agreed that Harbert would build a wood chip mill for Cortez Byrd in Brookhaven, Mississippi. One of the terms was that "[a]ll claims or disputes between the Contractor and the Owner arising out [of] or relating to the Contract, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise." App. 52. The agreement went on to provide that "[t]he award rendered by the arbitrator or arbitrators shall be final, and judgement may be entered upon it in accordance with applicable law in any court having jurisdiction thereof,"ibid.;that the agreement to arbitrate "shall be specifically enforceable under applicable law in any court having jurisdiction thereof,"ibid.;and that the law of the place where the project was located, Mississippi, governed,id., at 60;169 F.3d 693,694(CA11 1999).

After a dispute arose, Harbert invoked the agreement by a filing with the Atlanta office of the American Arbitration Association, which conducted arbitration in November 1997 inPage 196Birmingham, Alabama. The next month, the arbitration panel issued an award in favor of Harbert.Ibid.

In January 1998, Cortez Byrd filed a complaint in the United States District Court for the Southern District of Mississippi seeking to vacate or modify the arbitration award, which Harbert then sought to confirm by filing this action seven days later in the Northern District of Alabama. When Cortez Byrd moved to dismiss, transfer, or stay the Alabama action, the Alabama District Court denied the motion, concluding that venue was proper only in the Northern District of Alabama, and entering judgment for Harbert for $274,256.90 plus interest and costs.Ibid.

The Court of Appeals for the Eleventh Circuit affirmed. It held itself bound by pre-1981 Fifth Circuit precedent, cf.Bonnerv.Prichard,661 F.2d 1206,1209(CA11 1981), to the effect that under the Act's venue provisions,9 U.S.C. § 9-11, venue for motions to confirm, vacate, or modify awards was exclusively in the district in which the arbitration award was made.169 F.3d, at 694;Naplesv.Prepakt Concrete Co.,490 F.2d 182,184(CA5), cert. denied,419 U.S. 843(1974). The arbitration here having been held in Birmingham, the rule as so construed limited venue to the Northern District of Alabama.

We granted certiorari,527 U.S. 1062(1999), to resolve a split among the Courts of Appeals over the permissive or mandatory character of the FAA's venue provisions. CompareIn re VMS Securities Litigation,21 F.3d 139,144-145(CA7 1994) (§§ 9 and 10 permissive);Smigav.Dean Witter Reynolds,Inc.,766 F.2d 698,706(CA2 1985), cert. denied,475 U.S. 1067(1986) (§ 9 permissive);Sutter Corp. v.P P Indus.,Inc.,125 F.3d 914,918-920(CA5 1997) (§§ 9 and 10 permissive);P PIndus., Inc. v.Sutter Corp.,179 F.3d 861,869-870(CA10 1999) (§§ 9 and 10 permissive);Apex Plumbing Supply, Inc. v.U.S. Supply Co.,142 F.3d 188,192(CA4 1998) (§ 9 permissive);Nordinv.Nutri/System, Inc.,897 F.2d 339,344(CA8 1990) (§ 9 permissive),Page 197withCentral Valley Typographical Union No. 46v.McClatchy Newspapers,762 F.2d 741,744(CA9 1985) (§ 10 mandatory);Island Creek CoalSales Co. v.Gainesville,729 F.2d 1046,1049-1050(CA6 1984) (§ 9 mandatory);Sunshine Beauty Supplies, Inc. v.United States DistrictCourt,Central Dist. of Cal.,872 F.2d 310,312(CA9 1989) (§§ 9 and 10 mandatory);United States ex rel. Chicago Bridge Iron Co. v.Ets-Hokin Corp.,397 F.2d 935,939(CA9 1968) (§ 10 mandatory). We reverse.
II
Section 9 of the FAA governs venue for the confirmation of arbitration awards:
"If the parties in their agreement have agreed that a judgment of the court shall be entered upon the award made pursuant to the arbitration, and shall specify the court, then at any time within one year after the award is made any party to the arbitration may apply to the court so specified for an order confirming the award, and thereupon the court must grant such an order unless the award is vacated, modified, or corrected as prescribed in sections 10 and 11 of this title. If no court is specified in the agreement of the parties, then such application may be made to the United States court in and for the district within which such award was made."9 U.S.C. § 9.


Section 10(a), governing motions to vacate arbitration awards, provides that
"the United States court in and for the district wherein the [arbitration] award was made may make an order vacating the award upon the application of any party to the arbitration [in any of five enumerated situations]."


And under § 11, on modification or correction,
"the United States court in and for the district wherein the award was made may make an order modifying orPage 198correcting the award upon the application of any party to the arbitration."


The precise issue raised in the District Court was whether venue for Cortez Byrd's motion under §§ 10 and 11 was properly laid in the southern district of Mississippi, within which the contract was performed. It was clearly proper under the general venue statute, which provides, among other things, for venue in a diversity action in "a judicial district in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated."28 U.S.C. § 1391(a)(2). If §§ 10 and 11 are permissive and thus supplement, but do not supplant, the general provision, Cortez Byrd's motion to vacate or modify was properly filed in Mississippi, and under principles of deference to the court of first filing, the Alabama court should have considered staying its hand. Cf.Kerotest Mfg. Co. v.C-O-Two Fire Equipment Co.,342 U.S. 180,185(1952);Landisv.North American Co.,299 U.S. 248,254(1936); 5A C. Wright A. Miller, Federal Practice and Procedure § 1360 (1990). But if §§ 10 and 11 are restrictive, there was no Mississippi venue for Cortez Byrd's action, and the Northern District of Alabama correctly proceeded with the litigation to confirm. Although § 9 is not directly implicated in this action, since venue for Harbert's motion to confirm was proper in the northern district of Alabama under either a restrictive or a permissive reading of § 9, the three venue sections of the FAA are best analyzed together, owing to their contemporaneous enactment and the similarity of their pertinent language.

Enlightenment will not come merely from parsing the language, which is less clear than either party contends. Although "may" could be read as permissive in each section, as Cortez Byrd argues, the mere use of "may" is not necessarily conclusive of congressional intent to provide for a permissive or discretionary authority.United Statesv.Rodgers,461 U.S. 677,706(1983) ("The word `may,' when used in a statute, usuallyPage 199implies some degree of discretion[, but] [t]his common-sense principle of statutory construction . . . can be defeated by indications of legislative intent to the contrary or by obvious inferences from the structure and purpose of the statute" (footnote and citations omitted));Citizens Southern Nat. Bankv.Bougas,434 U.S. 35,38(1977). Certainly the warning flag is up in this instance. While Cortez Byrd points to clearly mandatory language in other parts of the Act as some indication that "may" was used in a permissive sense, cf.9 U.S.C. § 2,12, Harbert calls attention to a contrary clue in even more obviously permissive language elsewhere in the Act. See § 4 ("A party aggrieved by the alleged failure, neglect, or refusal of another to arbitrate under a written agreement for arbitration may petition any United States district court which, save for such agreement, would have jurisdiction under title 28 . . ."1). Each party has a point, but neither point is conclusive. The answer is not to be had from comparing phrases.

Statutory history provides a better lesson, though, which is confirmed by following out the practical consequences of Harbert's position. When the FAA was enacted in 1925, it appeared against the backdrop of a considerably more restrictive general venue statute than the one current today. At the time, the practical effect of28 U.S.C. § 112(a) was that a civil suit could usually be brought only in the district in which the defendant resided. See28 U.S.C. § 112(a) (1926 ed.).2The statute's restrictive application was allPage 200the more pronounced due to the courts' general inhospitality to forum selection clauses, seeThe Bremenv.Zapata Off-Shore Co.,407 U.S. 1,9-10(1972). Hence, even if an arbitration agreement expressly permitted action to be brought in the district in which arbitration had been conducted, the agreement would probably prove to be vain. The enactment of the special venue provisions in the FAA thus had an obviously liberalizing effect, undiminished by any suggestion, textual or otherwise, that Congress meant simultaneously to foreclose a suit where the defendant resided. Such a consequence would have been as inexplicable in 1925 as it would be passing strange 75 years later. The most convenient forum for a defendant is normally the forum of residence, and it would take a very powerful reason ever to suggest that Congress would have meant to eliminate that venue for postarbitration disputes.

The virtue of the liberalizing nonrestrictive view of the provisions for venue in the district of arbitration is confirmed by another obviously liberalizing venue provision of the Act, which in § 9 authorizes a binding agreement selecting a forum for confirming an arbitration award. Since any forum selection agreement must coexist with §§ 10 and 11, one needs to ask how they would work together if §§ 10 and 11 meant that an order vacating or modifying an arbitration award could be obtained only in the district where the award was made. The consequence would be that a proceeding to confirm the award begun in a forum previously selected by agreement of the parties (but outside the district of the arbitration) would need to be held in abeyance if the responding party objected. The objecting party would then have to return to the district of the arbitration to begin aPage 201separate proceeding to modify or vacate the arbitration award, and if the award withstood attack, the parties would move back to the previously selected forum for the confirming order originally sought. Harbert, naturally, is far from endorsing anything of the sort and contends that a court with venue to confirm under a § 9 forum selection clause would also have venue under a later filed motion under § 10. But the contention boils down to denying the logic of Harbert's own position. The regime we have described would follow from adopting that position, and the Congress simply cannot be tagged with such a taste for the bizarre.

Nothing, indeed, would be more clearly at odds with both the FAA's "statutory policy of rapid and unobstructed enforcement of arbitration agreements,"Moses H. Cone Memorial Hospitalv.Mercury Constr. Corp.,460 U.S. 1,23(1983), or with the desired flexibility of parties in choosing a site for arbitration. Although the location of the arbitration may well be the residence of one of the parties, or have some other connection to a contract at issue, in many cases the site will have no relation whatsoever to the parties or the dispute. The parties may be willing to arbitrate in an inconvenient forum, say, for the convenience of the arbitrators, or to get a panel with special knowledge or experience, or as part of some compromise, but they might well be less willing to pick such a location if any future court proceedings had to be held there. Flexibility to make such practical choices, then, could well be inhibited by a venue rule mandating the same inconvenient venue if someone later sought to vacate or modify the award.

A restrictive interpretation would also place § 3 and §§ 9-11 of the FAA in needless tension, which could be resolved only by disrupting existing precedent of this Court. Section 3 provides that any court in which an action "referable to arbitration under an agreement in writing" is pending "shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordancePage 202with the terms of the agreement."9 U.S.C. § 3. If an arbitration were then held outside the district of that litigation, under a restrictive reading of §§ 9-11 a subsequent proceeding to confirm, modify, or set aside the arbitration award could not be brought in the district of the original litigation (unless that also happened to be the chosen venue in a forum selection agreement). We have, however, previously held that the court with the power to stay the action under § 3 has the further power to confirm any ensuing arbitration award.Marine Transit Corp. v.Dreyfus,284 U.S. 263,275-276(1932) ("We do not conceive it to be open to question that, where the court has authority under the statute . . . to make an order for arbitration, the court also has authority to confirm the award or to set it aside for irregularity, fraud,ultra viresor other defect"). Harbert in effect concedes this point, acknowledging that "the court entering a stay order under § 3 retains jurisdiction over the proceeding and does not `lose venue.'" Brief for Respondent 29. But that concession saving our precedent still fails to explain why Congress would have wanted to allow venue liberally where motions to confirm, vacate, or modify were brought as subsequent stages of actions antedating the arbitration, but would have wanted a different rule when arbitration was not preceded by a suit between the parties.

Finally, Harbert's interpretation would create anomalous results in the aftermath of arbitrations held abroad. Sections 204, 207, and 302 of the FAA together provide for liberal choice of venue for actions to confirm awards subject to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards and the 1975 Inter-American Convention on International Commercial Arbitration.3Page 2039 U.S.C. § 204,207,302. But reading §§ 9-11 to restrict venue to the site of the arbitration would preclude any action under the FAA in courts of the United States to confirm, modify, or vacate awards rendered in foreign arbitrations not covered by either convention. Cf. 4 I. MacNeil, R. Speidel, T. Stipanowich, Federal Arbitration Law § 44.9.1.8 (1995) (discussing difficulties in enforcing foreign arbitrations held in nonsignatory states). Although such actions would not necessarily be barred for lack of jurisdiction, they would be defeated by restrictions on venue, and anomalies like that are to be avoided when they can be. True, "[t]here have been, and perhaps there still are, occasional gaps in the venue laws, [but] Congress does not in general intend to create venue gaps, which take away with one hand what Congress has given by way of jurisdictional grant with the other. Thus, in construing venue statutes it is reasonable to prefer the construction that avoids leaving such a gap."Brunette Machine Works, Ltd. v.Kockum Industries, Inc.,406 U.S. 706,710, n. 8 (1972); cf.Scherkv.Alberto-Culver Co.,417 U.S. 506,516-517(1974) (noting that "[a] contractual provision specifying in advance the forum in which disputes shall be litigated and the law to be applied is . . . an almost indispensable precondition to achievement of the orderliness and predictability essential to any international business transaction," and that "[a] parochial refusal by the courts of one country to enforce an international arbitration agreement would not only frustrate these purposes, but would invite unseemly and mutually destructive jockeying by the parties to secure tactical litigation advantages").

Attention to practical consequences thus points away from the restrictive reading of §§ 9-11 and confirms the view that the liberalizing effect of the provisions in the day of their enactment was meant to endure through treating them asPage 204permitting, not limiting, venue choice today. As against this reasoning, specific to the history and function of a statute addressing venue where arbitration is concerned, Harbert's citations of cases construing other special venue provisions are beside the point. We found, for example, that Congress had a restrictive intent as to venue in patent cases, seeFourcoGlass Co. v.Transmirra Products Corp.,353 U.S. 222,227-228(1957);Stonite Products Co. v.Melvin Lloyd Co.,315 U.S. 561,565-566(1942), a restrictive intent for the sake of protecting national banks when dealing with venue for litigation against them, seeCitizens Southern Nat.Bankv.Bougas,434 U.S., at 44, and a restrictive intent as to the geographic reach of Title VII, as evidenced by the lack of extraterritorial venue and other enforcement mechanisms in the statute, seeEEOCv.Arabian American Oil Co.,499 U.S. 244,256(1991). But the authority of these cases is not that special venue statutes are deemed to be restrictive; they simply show that analysis of special venue provisions must be specific to the statute. With that we agree in holding the permissive view of FAA venue provisions entitled to prevail.

The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.

It is so ordered.Page 205
  1. The original version of § 4 referred to "the judicial code at law," rather than Title 28. See United States Arbitration Act,43 Stat. 883. ↩
  2. "[E]xcept as provided in sections 113 to 118 of this title, no civil suit shall be brought in any district court against any person by any original process or proceeding in any other district than that whereof he is an inhabitant; but where the jurisdiction is founded only on the fact that the action is between citizens of different States, suit shall be brought only in the district of the residence of either the plaintiff or the defendant."28 U.S.C. § 112(a) (1926 ed.). The provision allowing suits in a diversity action in the district in which the plaintiff resided was of limited effect, as restrictive views of personal jurisdiction meant that it was often difficult to sue a defendant outside the district of his residence. Cf.International Shoe Co. v.Washington,326 U.S. 310,316(1945) (requiring that a defendant have minimum contacts with a forum to be subject to its judgment). ↩
  3. Section 204 provides for venue in actions under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards "in any such court in which save for the arbitration agreement an action or proceeding with respect to the controversy . . . could be brought, or in such court for the district and division which embraces the place designated in the agreement as the place of arbitration." Section 207 states that "any party to the arbitration may apply to any court having jurisdiction under this chapter for an order confirming the award." Section 302 applies these provisions to actions brought under the Inter-American Convention. Sections 204 and 207 were added to the FAA in 1970; § 302 was added in 1990. ↩