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1. This Convention shall apply to the recognition and
enforcement of arbitral awards made in the territory of a State
other than the State where the recognition and enforcement of
such awards are sought, and arising out of differences between
persons, whether physical or legal. It shall also apply to
arbitral awards not considered as domestic awards in the State
where their recognition and enforcement are sought.
2. The term
" shall include not only awards made by
arbitrators appointed for each case but also those made by
permanent arbitral bodies to which the parties have submitted.
3. When signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.
1. Each Contracting State shall recognize an agreement in
writing under which the parties undertake to submit to
arbitration all or any differences which have arisen or which may
arise between them in respect of a defined legal relationship,
whether contractual or not, concerning a subject matter capable
of settlement by arbitration.
2. The term
" shall include an arbitral clause in a
contract or an arbitration agreement, signed by the parties or
contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
Each Contracting State shall recognize arbitral awards as
binding and enforce them in accordance with the rules of
procedure of the territory where the award is relied upon, under
the conditions laid down in the following articles. There shall
not be imposed substantially more onerous conditions or higher
fees or charges on the recognition or enforcement of arbitral
awards to which this Convention applies than are imposed on the
recognition or enforcement of domestic arbitral awards
1. To obtain the recognition and enforcement mentioned in the
preceding article, the party applying for recognition and
enforcement shall, at the time of the application, supply:
(b) The original agreement referred to in article II or a duly certified copy thereof.
1. Recognition and enforcement of the award may be refused, at
the request of the party against whom it is invoked, only if that
party furnishes to the competent authority where the recognition
and enforcement is sought, proof that:
(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(e) The award has not yet become binding on the parties or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:
(b) The recognition or enforcement of the award would be contrary to the public policy of that country.
If an application for the setting aside or suspension of the
award has been made to a competent authority referred to in
article V (1) (e), the authority before which the award is sought
to be relied upon may, if it considers it proper, adjourn the
decision on the enforcement of the award and may also, on the
application of the party claiming enforcement of the award, order
the other party to give suitable security.
1. The provisions of the present Convention shall not affect the
validity of multilateral or bilateral agreements concerning the
recognition and enforcement of arbitral awards entered into by
the Contracting States nor deprive any interested party of any
right he may have to avail himself of an arbitral award in the
manner and to the extent allowed by the law or the treaties of
the country where such award is sought to be relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention.
1. This Convention shall be open until 31 December 1958 for
signature on behalf of any Member of the United Nations and also
on behalf of any other State which is or hereafter becomes a
member of any specialized agency of the United Nations, or which
is or hereafter becomes a party to the Statute of the
International Court of Justice, or any other State to which an
invitation has been addressed by the General Assembly of the
2. This Convention shall be ratified and the instrument of ratification shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall be open for accession to all States
referred to in article VIII.
2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
1. Any State may, at the time of signature, ratification or
accession, declare that this Convention shall extend to all or
any of the territories for the international relations of which
it is responsible. Such a declaration shall take effect when the
Convention enters into force for the State concerned.
2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.
3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.
In the case of a federal or non-unitary State, the following
provisions shall apply:
1. This Convention shall come into force on the ninetieth day
following the date of deposit of the third instrument of
ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.
1. Any Contracting State may denounce this Convention by a
written notification to the Secretary-General of the United
Nations. Denunciation shall take effect one year after the date
of receipt of the notification by the Secretary-General.
2. Any State which has made a declaration or notification under article X may, at any time thereafter, by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date of the receipt of the notification by the Secretary-General.
3. This Convention shall continue to be applicable to arbitral awards in respect of which recognition or enforcement proceedings have been instituted before the denunciation takes effect.
A Contracting State shall not be entitled to avail itself of the
present Convention against other Contracting States except to the
extent that it is itself bound to apply the Convention.
The Secretary-General of the United Nations shall notify the
States contemplated in article VIII of the following:
1. This Convention, of which the Chinese, English, French,
Russian and Spanish texts shall be equally authentic, shall be
deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in article VII.
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