When the requirements for application of both the Inter-American Convention and the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 , are met, determination as to which Convention applies shall, unless otherwise expressly agreed, be made as follows: (1) If a majority of the parties to the arbitration agreement are citizens of a State or States that have ratified or acceded to the Inter-American Convention and are member States of the Organization of American States , the Inter-American Convention shall apply. (2) In all other cases the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958 , shall apply. (Added Pub. L. 101–369, § 1 , Aug. 15, 1990 , 104 Stat. 449 .) Statutory Notes and Related Subsidiaries Effective Date Section effective upon the entry into force of the Inter-American Convention on International Commercial Arbitration of January 30, 1975 , with respect to the United States ( Oct. 27, 1990 ), see section 3 of Pub. L. 101–369 , set out as a note under section 301 of this title .