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The United States of America (USA) acceded to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) in 1970 and implemented its provisions by enacting Chapter 2 of the Federal Arbitration Act (FAA). The USA also limited the applicability of the New York Convention by adhering to the optional ‘commercial’ reservation. The scope of the ‘commercial’ reservation has traditionally caused little debate in the
USA as the federal courts read the definition of ‘commerce’ under the FAA expansively and tend to find that the ‘commercial’ requirement cannot be applied to limit the application of the New York Convention
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