|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.|
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 "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.|
and other provisional
|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
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:|
|(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.
|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|
|due process||(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|
|excess of authority||(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|
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 United Nations.|
Convention shall be ratified and the instruments 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.|
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.|
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:|
|(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.
|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.|
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.
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:|
|(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;|
and notifications in accordance with article XIII.
|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.