Convention on the Recognition and Enforcement of Foreign Arbitral Awards
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Convention on the Recognition and Enforcement of Foreign Arbitral Awards

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Convention on the Recognition and Enforcement of Foreign Arbitral Awards Document Transcript

  • 1. UNITED NATIONS CONFERENCEON INTERNATIONAL COMMERCIAL ARBITRATION CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS UNITED NATIONS 1958
  • 2. CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS Artick I relationship, whether contractual or not, con- cerning a subject matter capable of settlement 1. This Convention shall apply to the recog- by arbitration.nition and enforcement of arbitral awardsmade in the territory of a State other than the 2. The term ua,:;reement in writing" shallState where the recognition and enforcement include an arbitral clause in a contract or anof 8uch awards are 8ought, and arising out of arbitration agreement, signed by the parties ordifferences between persons, whether physical contained in an exchange of letters or tele-or legal. It shall also apply to arbiteal awards grams.not considered as domestic awards in the State 3. The court of a Contracting State, whenwhere their recognition and enforcement are seized of an action in a matter in respect of8Ought. which the parties have made an agreement 2. The term Uarbitral awards" shall include within the meaning of this article, shall, at thenot only awards made by arbitrators appointed request of one of the parties, refer the partiesfor each case hut also those made by pennanent to arbitration, unless it finds that the said agree-arbitral bodies to which the parties have 8Ub- ment is null and void, inoperative or incapablemitted. of being performed. 3. When signing, ratifying or acceding tothis Convention, or notifying extension under Artick IIIarticle X hereof, any State may on the basis ofreciprocity declare that it will apply the Con- Each Contracting State shall recognize arbi-vention to the recognition and enforcement of tral awards as binding and enforce them in ac-awards made only in the territory of another cordance with the rules of procedure of theContracting State. It may also declare that it territory where the award is relied upon, underwill apply the Convention only to differences the conditions laid down in the following ar-arising out of le,:;al relationships, whether con- ticles. There shall not be imposed substantiallytractual or not, which are considered as com- more onerous conditions or higher fees ormercial under the national law of the State charges on the recognition or enforcement ofmaking such declaration. arbitral awards to which this Convention ap- plies than are imposed on the recognition or enforcement of domestic arhitral awards. Artu:k II I. Each Contracting State shall reco,:;nize ana~reement in writin,:; under which the parties Article IVundertake to submit to arbitration all or any l. To obtain the recognition and enforce-differences which have arisen or which may ment mentioned in the preceding article, thearise between them in respect of a defined legal party applying for recognition and enforce- ••
  • 3. ment shall, at the time of the application, decisions on matters submitted to arbitrationsupply: may be recugnized and enforced; or (n) The duly authenticated original award (d) The composition of the arbitral author-or a dui) ccrtified copy thereof; ity or the arbitral procedure was not in accord· ~ b) The orit;inal agreement referred to in ance with the agreement of the parties, or, fail·anide 11 or a duly certified copy thereof. ing such agreement, was nut in accordance with the law of the country where the arbitration 2. If the said award or ae;reement is not took place; ormade ill an official language of the country in (e) The award has not let becomc binJill1iwhich thr award is relied UpOll. the party apply- un the parties, or has been set aside Oi· sus-in;! for rcco~llition and cnfurrelllent of the pended by a (oll1!)ltent authorit), of the countryaward shall prudu(( a IranslatitJlI of these docu- ill which, or umier the law uf which, that awardmcnts iIltu such lan{!ua~c°rht translation shall was made.be certified by an ollicial ur sworn translatoror by a diplomatic ur consular agent. 2, Recognitioll and enforcement of an arbi- tral award may also be refused if the competcnt authority ill the counlry where reCUi;llitiun and Article JI enforcement is sought finds that: 1. Recu~nitillll and enforccmcnt of the (a) The subject matter of the Jifferencc isaward may be refused, at the request of the Ilot capable uf settlement by arbitration underparty a;aillsl "",horn it is illokecl, only if that the law of that country. orparty furni!llu°:-( tu the compctent authority (b) The recognition or enforcemcnt of thewhere the reCO{!niliulI and enforcement is award would be contrary 10 the public policysought, proof that: of that country. (n) The partie!l to the ag;recment referredto in article 11 were, under the law applicable Article VIlo them. under sume illcapacity, or the saida~reemenl is not "alid under the law to which If an applicatiun for the setting aside ur sus-Ihe parties ha e suhj((otcd it or, failing any iu- pensiun of the award has been made to a com·dication thereon, undcr the law of the country petent authority referred to in article V (l)where the award was made; or (e), the aUlhority befure which the award is sought to be relied upon may, if it considers (b) The party agaimt whom the award isimoked was Ilot ;.:;i,·en proper notice of the ap- it proper, adjourn the decisiun on the enforce-pointmenl of Ihe arhitrator or of the arbitra- ment of the award and may also, on the appli- cation of the party claiming enforccment oftion proceedin{!s ur was utherwise unable topresent his (~ase; or the a......ard, urder the other party to give suit- able serllrit),o Cc) The award deals with a difference nottolltt"lllplattJ L) or lint falling within Ihe termsnf th( suhmission tu arhitration, ur it contains Article VUdfcisiulIs (Ill mallers hc)ond the scupe of tll( 1. The provisions Hf tilt" presr lit (:011"(111 ion~Uhlllissioll to arhilralioll, prmidpd that. if the shall 110t afrtct the validity uf multilateral orc1f~cisions on matters submitted to arbitra- hilatrral a;;reements cuncerninJ::: the reco~lIi­tillll can be separated from thuse not so suh- lion and cnforeelU(,llt of arhitral awards (11-mitted, that pari of the award which contains ter(d intu b) the COIIIIactill;; Stat(s nor deprive,-,0
  • 4. any interested party of any right he may have it is responsible. Such a declaration shall taketo avail himself of an arbitral award in the effect when the Convention entere into forcemanner and to the extent allowed by the law for the State concerned.or the treaties of the country where such award 2. At any time thereafter any such extensionis sought to be relied upon. shall be made by noti.ficati.on addressed to the 2. The Geneva Protocol on Arbitration Secretary-General of the United Nations andClauses of 1923 and the Geneva Convention shall take effect as from the ninetieth day afteron th~ Execution of Foreign Arbitral Awards the ddy of receipt by the Secretary-General ofof 1927 shall cease to have effect between Con- Ule United Nations of this notification, or astr<!cting States on their becoming bound and from the date of entry into force of the Con-to the extent that they become bound, by this vention for the State concerned, whichever isConvention. the later. 3. With respect to those territories to which Ar•.icle VlJ I this Convention is not extended at the time of signature, rati6cation or accession, each State 1. This Convention shall be open until 31 concerned shall consider the possibility of tak·December 1958 for signature on behalf of any ing the necessary stells in order to extend theMember of the United Nations and also on be- application of this Convention to such terri-half of any other State which is or hereafter tories, subject, where necessary for constitu-l>ccumes a member of any specialized agency tional reasons. to the consent of the Govern-of the United Nations, or which is or hereafter ments of such territories.becomes a party to the Statute of the Interna-tional Court of Justice, or any other State to Article Xlwhich an invitation has been addressed by the In the .o::ase of a federal or non-unitary State,General Assembly of the Unite.d Nations. 2. This Convention shall be ratified and the the following provisions shall apply:instrument of ratification shall be deposited Ca) With respect to those articles of thiswith ihe Secretary-General of the United Convention that come within the legislativeNations. jurisdiction of the federal authority, the obliga- tions of the federal Government shall to this extent be the same as those of Contracting Article IX States which are not federal States; I. This Convention shall be open for acces- Cb) With respect to those articles of thission to all States referred to in article VIIi. Convention that come within the legislative 2. /u;cession shall he effected by the dcposit jurisdiction of constituent states or provincesof an instrument of accession with the Secre- which arc not, under the constitutional systemtary.Gcneral of the United Nations. of the federation, bound to take legislative ac- tion, the federal Gonrnment shall bring such articles with a faourable recommendation to Article X the notice of the appropriate authorities of con- 1. A,ny State may, at the time of signature, stituent states or pro·inr.es at the earliest pos-ratification or accession, declare that this Con- sible moment;vention shall extend to all or any of the terri- Cc) A federal State Party to thi!> Conventionlories for the international relations of which shall, at the request of any other Contracting 51
  • 5. State transmitted through the Secretary-Gen- recognition or enforcement proceedings haveeral of the United Nations, supply a statement been instituted before the denunciation takesof the law and practice of the federation and effect.its cunstituent units in regard tu any particularprovision of this Convention, showing the ex-tent tu which effect has been given to that pro- Article XIVvision by legislative or other action. A COlltracting State shall not be entitleu to avail itself of the present Conventi.on against Article XII other Contracting States except to the extent that it is itself bound to apply the Convention. 1. This Convention shall come into force onIhe nillttifth day fullowing the date of deposit(If tll{ third instrument of ratification or Article XVaccession. The Secretary-General of the United Nations 2. For each State ratifying or acceeding to shall notify the States contemplated in articlethis C(lnvention after the deposil of the third Vlll of the following:instrumcnl (If ratification or accession, thisCtlllHnlion shall entcr into force on the nine- (ll) Signatures and ratificatiuns in accord·tifth day after deposit by such Stale of its in- ance with article VIll;strument of ratification or accession. (b) Accessions in accordance with article IX; Article XIII (c) Dcclaratiolls and notifications under articles [, X and Xl; 1. A11) COli tracti nf: State III ay denounce thisConvention by a written notification to the (d) The date upon which this COllventionSecretary-General of the United Nations. De- enters into force in accordance with article XII;nunciation shall take effecl one year after the (e) Dellullciatiolls and notifications in ac-date of receipt of the notification by the Secre- cordance with article XIII.tary.General. 2. Any Slate which has made a declaration Article XVIm" notification under article X may, at any timethereafter, by llUtificatioll to the Secretary- 1. This Convention, of which the Chinese,(;ellfral of Ihe United Nations, declare that this En:;dish, French, Hussian and Spanish textsCon"(~ntilJn shall cease 10 extend to the terri. shaH be etIually authenlie, shall he deposited intory concerned Onl" year after the date of the the archives of the United Nations.re(·eipt of the notification by the Secretary. 2. The Secretary-General of the UnitedGeneral. Nations shall transmit a certified copy of this :L Thi;; COllnlllion shall continue to be ap· Cum"Plllion to the States ollllemplated in ar-plicahle to arbitral avards in respect of which ticle VIII.
  • 6. I hereby certify that the Je cert ifie que le texte quiforegoing text is 8. trne copy ot prec~de est une copie conforme dethe Convention on the Reco~ition la Convention pour la reconnaissanceand Enforcement of Foreign Arbitral et lex@cution des sentences arbitralesAva.rds. done at New York on etrang~res, conclue l New York le10 June 1958. the ori~inal of which 10 juin 1958 et dent loriginal seis deposited with the Secretary-General trouve depose aupr~s duof the United Nations, as the said Secretaire Reneral de IOrganisationConvention waa opened for signature, des Nations Unies telle que laditeand that it includes the necessary Convention a ete ouverte A la signature.rectifications of typographical errors, et que les rectifications materiellesas approved by the Parties. neeesssires. telles qu approuvees par lea Parties, y ont ite incorporees. For the Secretary-General, Pour le Secretaire general. The Legal Counsel: Le Conseiller jurldlque : .c.-6. . A.1 ~~:I.(...., Carl-August PleischhauerUnited Nations. New York Organisation des Nations Unies 6 July 1988 New York, le 6 juillet 1988
  • 7. Certified true copy XXII-1Copie certifiée conforme XXII.1 October 2004