9 U.S.C. § 3
Section 3 · Stay of proceedings where issue therein referable to arbitration
Amended 1 time on record
The circuits are split over this section — Whether a court of appeals has jurisdiction under Section 16(a)(1)(A) of the Federal Arbitration Act to review the denial of a motion to stay litigation pending arbitration when the movant is a non-signatory to the arbitration agreement
Applied in 2,210 court decisions — leading case Moses H. Cone Memorial Hospital v. Mercury Construction Corp. (1983)
Most recently applied in 2026 IL App (5th) 250821 - Baldwin v. Ward Chrysler Center, INC (March 2026)
Applied most in the First Circuit Circuit (129 decisions)
Cases citing this section usually also cite 9 U.S.C. § 2 · 9 U.S.C. § 4 · 9 U.S.C. § 1
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
If any suit or proceeding be brought in any of the courts of the United States upon any issue referable to arbitration under an agreement in writing for such arbitration, the court in which such suit is pending, upon being satisfied that the issue involved in such suit or proceeding is referable to arbitration under such an agreement, shall on application of one of the parties stay the trial of the action until such arbitration has been had in accordance with the terms of the agreement, providing the applicant for the stay is not in default in proceeding with such arbitration.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Derivation
Act Feb. 12, 1925, ch. 213, §3, 43 Stat. 883.