Page:United States Statutes at Large Volume 43 Part 1.djvu/914

SIXTY-EIGHTH CONGRESS. Sess. II. Cns. 212, 213. 1925. 883 Monday in February and the first Monday in June. The clerk of Ummthe court for each district shall maintain an office in charge of himself, or a deputy, at each place in his district at which court is now required to be held, at which he shall not himself reside, which shall be kept open at all times for the transaction of the business of the court. The marshal for each of said districts shall maintain an office in charge of himself or a deputy at each place of holding court in his district." ‘ Approved, February 12, 1925. CHAP. 213.-An Ai To make valid and enforceable written provisions Feli§1giii’6ilmor agreements for arbitration of disputes arising out of contracts, maritime iY¤bli<=» N<>·40rl transactions, or commerce among the States or Territories or with foreign nations. Be it enacted by the Senate and House of Representatives of the mV{g;¤gc§°¤*¤¤ A*b*· United States of America in Congress assembled, That " maritime peauizitis. transactions," as herein defined, means charter parties, bills of lading m,,,1§‘?"°‘”"° ““"‘°°` of water carriers, agreementsxelating 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 u ,_ embraced within admiralty jurisdiction; " commerce,” as herein C°mm°’°°‘ 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, but nothing herein contained shall apply to contracts of employment p,§y‘§f,§,*§§’lQ‘§,§¥;,Q‘{§",§; of seamen, railroad employees, or any other class of workers engaged workers- 1n foreign or interstate commerce. www mmmmor Sec. 2. That a written provision in any maritime transaction or a arbitration ¤i_ controoontract evidencing a transaction involving commerce to settle by §§,§‘,$,Z§§_,{f§,f;§§,’§}$,¤‘;f arbitration a controversy thereafter arising out of such contract or °¤*°*°°¤bI°·°*°· transaction, or the refusal to perform the whole or any part thereof, or an agreement in writing to submit to arbitration an existing controversy arising out of such a contract, transaction, or refusal, shall E t. be valid, irrevocable, and enforceable, save upon such grounds as mp `°°' exist at law or in equity for the revocation of any contract. _ Sec. 3. That if any suit or proceeding be broucrht in any of the ,SQ§§",§,§§a§?g‘§0‘g$§§ courts of the United States upon any issue referzible to arbitration Epgn <>¤ t¤zr¤é<>m¤¤¤ under an agreement in writing for such arbitration, the court in ¤pi»iie°$l’x¤ii,°¤iiiei1 SE which such suit is pending, u_pon being satisfied that the issue b°“‘“°“ has ”°"“h“d· involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties staéy the trial of the action until such arbitration has been had in accor ance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration. _ SHG. 4. That a party aggrieved by the alleged failure, nefglect, or p,,§§,*§,§°'§,§?,p?,',*,§Q,,?‘*§ refusal of another to arbitrate under a written agreement or arb1— gggyofygltiugg *g;i¤=;; tration may petition any court of the United States which, save for oineipmy. ’ " such agreement, would have jurisdiction under the judicial code at law, in equity, or in admiralty of the subject matter of a su1t_ar1s1ng out of the controversy between the parties, for an order directing that such arbitration proceed in the manner provided for in suc Nm at agreement. Five days’ notice in writing of such application shall °°' °' be served upon the party in default. Service thereof shall be_made {T1 the manner provided by law for the service of summons in the 0,,,,w,,,g_,,,de,d,_ Jurisdiction in which the proceeding is brought. The court shall hear the parties, and upon being satisfied that the making of the ’ ’ ` agreement for arbitration or the failure to comply therewith is not in '