United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards(New York,10June1958)
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Contents Contents
United Nations Convention on the Recognition and Enforce-ment of Foreign Arbitral Awards(New York,10June
1958)1
Article I (1)
Article II (1)
Article III (1)
Article IV (1)
Article V (2)
Article VI (2)
Article VII (2)
Article VIII (3)
Article IX (3)
Article X (3)
Article XI (3)
Article XII (4)
Article XIII (4)
Article XIV (4)
Article XV (4)
Article XVI (4)
[Post Provisions]4 Reservations and declarations[Omitted] (4)
Document Information(metadata)5 Metadata (5)
Information on this document copy and an unofficial List of Some web related information and sources6
Information on this document copy (6)
Links that may be of interest (6)
United Nations Convention on the Recognition and
1
Enforcement of Foreign Arbitral Awards(New York,
10June1958)
Article I
2
1.This Convention shall apply to the recognition and enforce-3
ment 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 consid-ered as domestic awards in the State where their recognition and enforcement are sought.
2.The term“arbitral awards”shall include not only awards made 4
by arbitrators appointed for each case but also those made by per-manent arbitral bodies to which the parties have submitted.
3.When signing,ratifying or acceding to this Convention,or no-5
tifying extension under article X hereof,any State may on the ba-sis 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 un-der the national law of the State making such declaration.
Article II
6
1.Each Contracting State shall recognize an agreement in writ-7
ing 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 contrac-tual or not,concerning a subject matter capable of settlement by arbitration.
2.The term“agreement in writing”shall include an arbitral clause8 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 in9
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 itfinds that the said agreement is null and void,inoperative or incapable of being performed.
Article III10 Each Contracting State shall recognize arbitral awards as binding11 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 sub-stantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Conven-tion applies than are imposed on the recognition or enforcement of domestic arbitral awards.
Article IV12 1.To obtain the recognition and enforcement mentioned in the pre-13 ceding 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 copy14 thereof;
(b)The original agreement referred to in article II or a duly certified15 copy thereof.
2.If the said award or agreement is not made in an official language16 of the country in which the award is relied upon,the party applyinggenerated
for recognition and enforcement of the award shall produce a trans-lation 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
17
1.Recognition and enforcement of the award may be refused,at 18
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,un-19
der the law applicable to them,under some incapacity,or the said agreement is not valid under the law to which the parties have sub-jected 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 20
proper notice of the appointment of the arbitrator or of the ar-bitration proceedings or was otherwise unable to present his case;
or
(c)The award deals with a difference not contemplated by or not 21
falling within the terms of the submission to arbitration,or it con-tains 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 proce-22
dure 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 23
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 be24 refused if the competent authority in the country where recognition and enforcement is soughtfinds that:
(a)The subject matter of the difference is not capable of settlement25 by arbitration under the law of that country;or
(b)The recognition or enforcement of the award would be contrary26 to the public policy of that country.
Article VI27 If an application for the setting aside or suspension of the award28 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 VII29 1.The provisions of the present Convention shall not affect the va-30 lidity of multilateral or bilateral agreements concerning the recog-nition and enforcement of arbitral awards entered into
by the Con-tracting 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 of1923and the31 Geneva Convention on the Execution of Foreign Arbitral Awards of 1927shall cease to have effect between Contracting States on their

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