9-9-21. Applicability.

This part shall apply to international commercial arbitration, subject to any agreement in force between the United States and any other country.#

The provisions of this part, except for Code Sections 9-9-29 and 9-9-30, subsections (f) through (h) of Code Section 9-9-38, and Code Sections 9-9-39, 9-9-57, and 9-9-58, shall apply only if the place of arbitration is in this state.#

An arbitration shall be considered international if:#

1. (1)

   The parties to an arbitration agreement have their places of business in different countries at the time of the conclusion of such arbitration agreement;#

2. (2)

   One of the following places is situated outside the country in which the parties have their places of business:#

   1. (A)

      The place of arbitration, if determined in or pursuant to the arbitration agreement; or#

   2. (B)

      Any place where a substantial part of the obligations of the commercial relationship is to be performed or the place with which the subject matter of the dispute is most closely connected; or#

3. (3)

   The parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country.#

For the purposes of subsection (c) of this Code section:#

1. (1)

   If a party has more than one place of business, the place of business is that which has the closest relationship to the arbitration agreement; and#

2. (2)

   If a party does not have a place of business, reference is to be made to such party’s habitual residence.#

This part shall not affect any other law of this state by virtue of which certain disputes shall not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this part.#