NEW YORK CONVENTION
Convention on the Recognition and Enforcement of Foreign
Arbitral Awards Done at New York, 10 June 1958; entered
into force, 7 June 1959 United Nations, Treaty Series,
vol. 330, p. 38, No. 4739 (1959)
Article I
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 "arbitral
awards" 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.
Article II
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 "agreement
in writing" 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, shall, 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.
Article III
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.
Article IV
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:
(a) The duly authenticated
original award or a duly certified copy thereof;
(b) The original agreement
referred to in article II or a duly certified copy thereof.
2. If the said award or
agreement is not made in an official language of the
country in which the award is relied upon, the party
applying for recognition and enforcement of the award
shall produce a translation of these documents into
such language. The translation shall be certified by
an official or sworn translator or by a diplomatic or
consular agent.
Article V
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:
(a) The parties to the
agreement referred to in article II were, under the
law applicable to them, under some incapacity, or the
said agreement is not valid under the law to which the
parties have subjected it or, failing any indication
thereon, under the law of the country where the award
was made; or
(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:
(a) The subject matter
of the difference is not capable of settlement by arbitration
under the law of that country; or
(b) The recognition or
enforcement of the award would be contrary to the public
policy of that country.
Article VI
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.
Article VII
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.
Article VIII
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 United Nations.
2. This Convention shall
be ratified and the instruments of ratification shall
be deposited with the Secretary-General of the United
Nations.
Article IX
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.
Article X
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.
Article XI
In the case of a federal
or non-unitary State, the following provisions shall
apply:
(a) With respect to those
articles of this Convention that come within the legislative
jurisdiction of the federal authority, the obligations
of the federal Government shall to this extent be the
same as those of Contracting States which are not federal
States;
(b) With respect to those
articles of this Convention that come within the legislative
jurisdiction of constituent states or provinces which
are not, under the constitutional system of the federation,
bound to take legislative action, the federal Government
shall bring such articles with a favourable recommendation
to the notice of the appropriate authorities of constituent
states or provinces at the earliest possible moment;
(c) A federal State Party
to this Convention shall, at the request of any other
Contracting State transmitted through the Secretary-General
of the United Nations, supply a statement of the law
and practice of the federation and its constituent units
in regard to any particular provision of this Convention,
showing the extent to which effect has been given to
that provision by legislative or other action
Article XII
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.
Article XIII
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.
Article XIV
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.
Article XV
The Secretary-General of
the United Nations shall notify the States contemplated
in article VIII of the following:
(a) Signatures and ratifications
in accordance with article VIII;
(b) Accessions in accordance
with article IX;
(c) Declarations and notifications
under articles I, X and XI;
(d) The date upon which
this Convention enters into force in accordance with
article XII;
(e) Denunciations and notifications
in accordance with article XIII.
Article XVI
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
VIII.
|
List
of Contracting States as of February 2002. |
|
State |
Ratification |
Reservation |
|
Albania |
27
June 2001 |
- |
|
Algeria |
7
Feb 1989 |
1
- 2 |
|
Antigua
and Barbuda |
2
Feb 1989 |
1
- 2 |
|
Argentina |
14 Mar 1989 |
1 - 2 |
|
Armenia |
29
Dec 1997 |
1
- 2 |
|
Australia |
26 Mar 1975 |
- |
|
Austria |
2
May 1961 |
- |
|
Azerbaijan |
29
Feb 2000 |
- |
|
Bahrain |
6
Apr 1988 |
1
- 2 |
|
Bangladesh |
6
May 1992 |
- |
|
Barbados |
16
Mar 1993 |
- 2 |
|
Belarus |
15
Nov 1960 |
1 |
|
Belgium |
18
Aug 1975 |
1 |
|
Benin |
16
May 1974 |
- |
|
Bolivia |
28
Apr 1995 |
- |
|
Bosnia
and Herzegovina |
1
Sep 1993 |
1
- 2 |
|
Botswana |
20
Dec 1971 |
1
- 2 |
|
Brunei
Darussalam |
25
July 1996 |
1 |
|
Bulgaria |
10
Oct 1961 |
1 |
|
Burkina
Faso |
23
Mar 1987 |
- |
|
Cambodia |
5
Jan 1960 |
- |
|
Cameroon |
19
Feb 1988 |
- |
|
Canada |
12
May 1986 |
- |
|
Central
African Republic |
15
Oct 1962 |
1
- 2 |
|
Chile |
4
Sep 1975 |
- |
|
China,
PR |
22
Jan 1987 |
1
- 2 |
|
Colombia |
25
Sep 1979 |
- |
|
Costa Rica |
26 Oct 1987 |
- |
|
Côte
d'Ivoire |
1
Feb 1991 |
- |
|
Croatia |
26 July 1993 |
1 - 2 |
|
Cuba |
30
Dec 1974 |
1
- 2 |
|
Cyprus |
29 Dec 1980 |
1 - 2 |
|
Czech
Republic |
30
Sep 1993 |
- |
|
Denmark |
22 Dec 1972 |
1 - 2 |
|
Djibouti |
14
June 1983 |
- |
|
Dominica |
28 Oct 1988 |
- |
|
Ecuador |
3
Jan 1962 |
1
- 2 |
|
Egypt |
9 Mar 1959 |
- |
|
El
Salvador |
26
Feb 1998 |
- |
|
Estonia |
30
Aug 1993 |
- |
|
Finland |
19
Jan 1962 |
- |
|
France |
26 June 1959 |
1 |
|
Georgia |
2
June 1994 |
- |
|
Germany |
30
June 1961 |
1 |
|
Ghana |
9
Apr 1968 |
- |
|
Greece |
16 July 1962 |
1 - 2 |
|
Guatemala |
21
Mar 1984 |
1
- 2 |
|
Guinea |
23 Jan 1991 |
- |
|
Haiti |
5
Dec 1983 |
- |
|
Holy
See |
14
May 1975 |
1
- 2 |
|
Honduras |
3
Oct 2000 |
- |
|
Hungary |
5 Mar 1962 |
1 - 2 |
|
Iceland |
24
Jan 2001 |
- |
|
India |
13
July 1960 |
1
- 2 |
|
Indonesia |
7
Oct 1981 |
1
- 2 |
|
Iran,
Islamic Republic of |
15
Oct 2001 |
1
- 2 |
|
Ireland |
12
May 1981 |
1 |
|
Israel |
5
Jan 1959 |
- |
|
Italy |
31
Jan 1969 |
- |
|
Japan |
20
June 1961 |
1 |
|
Jordan |
15
Nov 1979 |
- |
|
Kazakhstan |
20
Nov 1995 |
- |
|
Kenya |
10
Feb 1989 |
1 |
|
Korea,
Republic of |
8
Feb 1973 |
1
- 2 |
|
Kuwait |
28
Apr 1978 |
1 |
|
Kyrgyzstan |
18
Dec 1996 |
- |
|
Lao
People's Democratic Republic |
17
June 1998 |
- |
|
Latvia |
14
Apr 1992 |
- |
|
Lebanon |
11
Aug 1998 |
1 |
|
Lesotho |
13
June 1989 |
- |
|
Lithuania |
14
Mar 1995 |
1 |
|
Macedonia, the former
Yugoslav Republic of |
10 Mar 1994 |
1 - 2 |
|
Madagascar |
16
July 1962 |
1
- 2 |
|
Malaysia |
5 Nov 1985 |
1 - 2 |
|
Mali |
8
Sep 1994 |
- |
|
Malta |
22 June 2000 |
1 |
|
Mauritania |
30
Jan 1997 |
- |
|
Mauritius |
19 June 1996 |
1 |
|
Mexico |
14
Apr 1971 |
- |
|
Moldova, Republic
of |
18 Sep 1998 |
1 |
|
Monaco |
2
June 1982 |
1
- 2 |
|
Mongolia |
24 Oct 1994 |
1 - 2 |
|
Morocco |
12
Feb 1959 |
1 |
|
Mozambique |
11 June 1998 |
1 |
|
Nepal |
4
Mar 1998 |
1
- 2 |
|
Netherlands |
24 Apr 1964 |
1 |
|
New
Zealand |
6
Jan 1983 |
1 |
|
Niger |
14 Oct 1964 |
- |
|
Nigeria |
17
Mar 1970 |
1
- 2 |
|
Norway |
14
Mar 1961 |
1 |
|
Oman |
25
Feb 1999 |
- |
|
Panama |
10
Oct 1984 |
- |
|
Paraguay |
8
Oct 1997 |
- |
|
Peru |
7
July 1988 |
- |
|
Philippines |
6
July 1967 |
1
- 2 |
|
Poland |
3
Oct 1961 |
1
- 2 |
|
Portugal |
18
Oct 1994 |
1 |
|
Romania |
13 Sep 1961 |
1 - 2 |
|
Russian
Federation |
24
Aug 1960 |
1 |
|
Saint Vincent and
the Grenadines |
12 Sep 2000 |
1 - 2 |
|
San
Marino |
17
May 1979 |
- |
|
Saudi Arabia |
19 Apr 1994 |
- |
|
Senegal |
17
Oct 1994 |
- |
|
Singapore |
21 Aug 1986 |
1 |
|
Slovakia |
28
May 1993 |
|
|
Slovenia |
6 July 1992 |
1 - 2 |
|
South
Africa |
3
May 1976 |
- |
|
Spain |
12 May 1977 |
- |
|
Sri
Lanka |
9
Apr 1962 |
- |
|
Sweden |
28 Jan 1972 |
- |
|
Switzerland |
1
June 1965 |
- |
|
Syrian Arab Republic |
9 Mar 1959 |
- |
|
Tanzania,
United Republic of |
13
Oct 1964 |
1 |
|
Thailand |
21 Dec 1959 |
- |
|
Trinidad
and Tobago |
14
Feb 1966 |
1
- 2 |
|
Tunisia |
17 July 1967 |
1 - 2 |
|
Turkey |
2
July 1992 |
1
- 2 |
|
Uganda |
12 Feb 1992 |
1 |
|
Ukraine |
10
Oct 1960 |
1 |
|
United Kingdom of
Great Britain
and Northern Ireland |
24 Sep
1975 |
1 |
|
United
States of America |
30
Sep 1970 |
1
- 2 |
|
Uruguay |
30 Mar 1983 |
- |
|
Uzbekistan |
7
Feb 1996 |
- |
|
Venezuela |
8 Feb 1995 |
1 - 2 |
|
Vietnam |
12
Sep 1995 |
1
- 2 |
|
Yugoslavia |
12
Mar 2001 |
- |
|
Zimbabwe |
26
Sep 1994 |
- |
Reservation:
1. Awards will be recognized and enforced only
if made in the territory of another Contracting
State.
2. The Convention applies 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.
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