# Courts and Judicial Proceedings (GCJ)

## Title 3. Courts of General Jurisdiction -- Jurisdiction/special Causes of Action

### Subtitle 2B. International Commercial Arbitration

#### Section 3-2B-01

(a) In this subtitle the following terms have the meanings indicated.

(b) "Arbitral tribunal" means a sole arbitrator or a panel of arbitrators.

(c)

  (1) "International commercial arbitration" means an arbitration in which:

    (i) The relevant place of business of at least 1 of the parties to the agreement is in a country other than the United States; or

    (ii) If none of the parties has a relevant place of business in a country other than the United States, the relationship between any of the parties to an arbitration agreement involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with 1 or more foreign countries.

  (2)

    (i) If a party has more than 1 place of business, the relevant place of business shall be the place of business:

      (1) That has the closest relationship to the arbitration agreement; or

      (2) Designated by the agreement of the parties.

    (ii) If a party does not have a place of business, the party's habitual residence shall be deemed the place of business.

#### Section 3-2B-02

The purpose of this subtitle is to:

(1) Promote international commercial arbitration in this State;

(2) Enforce arbitration agreements by parties in international commercial transactions;

(3) Facilitate the prompt and efficient resolution by arbitration of disputes in international commercial agreements and transactions; and

(4) Promote uniformity in the law of international commercial arbitration in the United States.

#### Section 3-2B-03

(a) In all matters relating to the process and enforcement of international commercial arbitration and awards, the laws of Maryland shall be the arbitration statutes and laws of the United States.

(b) This subtitle shall be interpreted and construed as to promote uniformity in the law of international commercial arbitration in the United States.

#### Section 3-2B-04

The circuit courts of this State shall have jurisdiction:

(1) To enforce agreements and orders providing for international commercial arbitration;

(2) To enter judgments on arbitration awards; and

(3) To recognize and enforce in accordance with this subtitle arbitration awards rendered in foreign countries.

#### Section 3-2B-05

(a) Any complaint filed in circuit court with respect to international commercial arbitration shall be filed with the court in the county:

  (1) As provided by the agreement; or

  (2) Where the arbitration hearing was held.

(b) If the agreement does not provide for a county in which a complaint shall be filed or if the hearing has not been held, the complaint shall be filed with the court:

  (1) In the county where the adverse party resides;

  (2) In the county where the adverse party has a place of business or owns real property; or

  (3) If the adverse party has neither a residence nor a place of business or property in the State, in Baltimore City.

#### Section 3-2B-06

(a) Unless the arbitration agreement provides otherwise, the arbitral tribunal in an international commercial arbitration in this State may, at the request of a party and after an opportunity for any other party to the arbitration agreement to be heard, order any party to post security or countersecurity in a form satisfactory to the arbitral tribunal in an amount not to exceed the amount of that party's claim, cross-claim, or counterclaim (excluding attorneys' fees) if:

  (1) The party to be required to post security or countersecurity resides in a country that has not ratified and adopted the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards and does not have sufficient assets in the United States to satisfy the amount of the claim or counterclaim; or

  (2) The arbitral tribunal otherwise determines that there is good cause to require security or countersecurity.

(b)

  (1) On motion of a party to a circuit court to vacate or modify an order for security or countersecurity, a hearing shall be held promptly.

  (2) Unless the party required to post security or countersecurity establishes that an order for security or countersecurity is an abuse of discretion by the arbitral tribunal, the courts of this State shall enforce orders for security or countersecurity.

#### Section 3-2B-07

(a) In an international commercial arbitration proceeding in this State, a court of this State may not intervene unless otherwise permitted by this subtitle and the statutes and laws incorporated by this subtitle.

(b) Notwithstanding any other provision of law, the court shall make any determination provided for in this subtitle without a jury.

#### Section 3-2B-08

(a) A party to an action involving international commercial arbitration may appeal:

  (1) An order:

    (i) Refusing a stay of any court action involving a matter referable to arbitration;

    (ii) Denying a motion to order arbitration to proceed;

    (iii) Denying application to compel arbitration;

    (iv) Confirming or denying confirmation of an award or partial award; or

    (v) Modifying, correcting, or vacating an award;

  (2) An interlocutory order granting, continuing, or modifying an injunction against arbitration; or

  (3) A final decision with respect to an arbitration that is subject to this subtitle.

(b) An appeal from the circuit court in an action involving international commercial arbitration may not be taken from an interlocutory order:

  (1) Granting a stay of any court action involving a matter referable to arbitration;

  (2) Directing arbitration to proceed;

  (3) Compelling arbitration; or

  (4) Refusing to enjoin an arbitration.

#### Section 3-2B-09

This subtitle may be cited as the Maryland International Commercial Arbitration Act.

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Md. Code Ann., Cts. & Jud. Proc. (as displayed at mgaleg.maryland.gov, October 16, 2026)