Convention on the Recognition and Enforcement of
Foreign Arbitral Awards
Done at New York on 10 June 1958
ENTRY
INTO FORCE: 7
June 1959, in accordance with article XII.
REGISTRATION:
7 June 1959,
No. 4739.
TEXT:
United Nations, Treaty Series, vol. 330, p. 3.
STATUS: Signatories: 24. Parties:
121.
Note:
The Convention
was prepared and opened for signature on 10 June 1958 by the United Nations
Conference on International Commercial Arbitration, convened in accordance with
resolution 604 (XXI) 1 of the Economic and
Social Council of the United Nations adopted on 3 May 1956. The Conference met
at the Headquarters of the United Nations in New York from 20 May to 10 June
1958. For the text of the Final Act of this Conference, see United Nations, Treaty Series, vol. 330, p. 3.
|
Participant |
Signature |
Ratification,
accession (a), succession (d) |
Algeria 7 Feb 1989 a
Antigua and Barbuda
2 Feb 1989 a
Argentina 26 Aug
1958 14 Mar 1989
Armenia 29 Dec 1997
a
Australia 26 Mar
1975 a
Austria 2 May 1961 a
Bahrain 6 Apr 1988 a
Bangladesh 6 May
1992 a
Barbados 16 Mar
1993 a
Belarus 29 Dec 1958
15 Nov 1960
Belgium 10 Jun 1958
18 Aug 1975
Benin 16 May 1974 a
Bolivia 28 Apr 1995
a
Bosnia and
Herzegovina 1 Sep 1993 d
Botswana 20 Dec
1971 a
Brunei Darussalam
25 Jul 1996 a
Bulgaria 17 Dec
1958 10 Oct 1961
Burkina Faso 23 Mar
1987 a
Cambodia 5 Jan 1960 a
Cameroon 19 Feb
1988 a
Canada 12 May 1986 a
Central African
Republic 15 Oct 1962 a
Chile 4 Sep 1975 a
China2
22 Jan 1987 a
Colombia 25 Sep
1979 a
Costa Rica 10 Jun
1958 26 Oct 1987
Côte d'Ivoire 1 Feb 1991 a
Croatia 26 Jul 1993
d
Cuba 30 Dec 1974 a
Cyprus 29 Dec 1980 a
Czech Republic3
30 Sep 1993 d
Denmark 22 Dec 1972 a
Djibouti 14 Jun
1983 d
Dominica 28 Oct
1988 a
Ecuador 17 Dec 1958
3 Jan 1962
Egypt 9 Mar 1959 a
El Salvador 10 Jun
1958 26 Feb 1998
Estonia 30 Aug 1993
a
Finland 29 Dec 1958
19 Jan 1962
France 25 Nov 1958 26 Jun 1959
Georgia 2 Jun 1994 a
Germany4,5
10 Jun 1958 30 Jun 1961
Ghana 9 Apr 1968 a
Greece 16 Jul 1962 a
Guatemala 21 Mar
1984 a
Guinea 23 Jan 1991 a
Haiti 5 Dec 1983 a
Holy See 14 May
1975 a
Hungary 5 Mar 1962 a
India 10 Jun 1958
13 Jul 1960
Indonesia 7 Oct
1981 a
Ireland 12 May 1981 a
Israel 10 Jun 1958
5 Jan 1959
Italy 31 Jan 1969 a
Japan 20 Jun 1961 a
Jordan 10 Jun 1958 15 Nov 1979
Kazakhstan 20 Nov
1995 a
Kenya 10 Feb 1989 a
Kuwait 28 Apr 1978 a
Kyrgyzstan 18 Dec
1996 a
Lao People's
Democratic Republic 17 Jun 1998
a
Latvia 14 Apr 1992 a
Lebanon 11 Aug 1998
a
Lesotho 13 Jun 1989 a
Lithuania 14 Mar
1995 a
Luxembourg 11 Nov 1958 9 Sep 1983
Madagascar 16 Jul
1962 a
Malaysia 5 Nov 1985 a
Mali 8 Sep 1994 a
Mauritania 30 Jan
1997 a
Mauritius 19 Jun
1996 a
Mexico 14 Apr 1971 a
Monaco 31 Dec 1958
2 Jun 1982
Mongolia 24 Oct
1994 a
Morocco 12 Feb 1959 a
Mozambique 11 Jun
1998 a
Nepal 4 Mar 1998 a
Netherlands 10 Jun
1958 24 Apr 1964
New Zealand 6 Jan
1983 a
Niger 14 Oct 1964 a
Nigeria 17 Mar 1970 a
Norway 14 Mar 1961 a
Oman 25 Feb 1999 a
Pakistan 30 Dec
1958
Panama 10 Oct 1984 a
Paraguay 8 Oct 1997
a
Peru 7 Jul 1988 a
Philippines 10 Jun
1958 6 Jul 1967
Poland 10 Jun 1958
3 Oct 1961
Portugal 18 Oct
1994 a
Republic of Korea 8
Feb 1973 a
Republic of Moldova
18 Sep 1998 a
Romania 13 Sep 1961 a
Russian Federation
29 Dec 1958 24 Aug 1960
San Marino 17 May
1979 a
Saudi Arabia 19 Apr
1994 a
Senegal 17 Oct 1994
a
Singapore 21 Aug
1986 a
Slovakia3
28 May 1993 d
Slovenia 6 Jul 1992
d
South Africa 3 May
1976 a
Spain 12 May 1977 a
Sri Lanka 30 Dec
1958 9 Apr 1962
Sweden 23 Dec 1958
28 Jan 1972
Switzerland 29 Dec
1958 1 Jun 1965
Syrian Arab
Republic 6 9 Mar 1959 a
Thailand 21 Dec
1959 a
the former Yugoslav
Republic of Macedonia 10 Mar 1994 d
Trinidad and Tobago
14 Feb 1966 a
Tunisia 17 Jul 1967 a
Turkey 2 Jul 1992 a
Uganda 12 Feb 1992 a
Ukraine 29 Dec 1958
10 Oct 1960
United Kingdom 24
Sep 1975 a
United Republic of
Tanzania 13 Oct 1964 a
United States of
America 30 Sep 1970 a
Uruguay 30 Mar 1983 a
Uzbekistan 7 Feb
1996 a
Venezuela 8 Feb
1995 a
Viet Nam 12 Sep
1995 a
Yugoslavia 26 Feb
1982 a
Zimbabwe 29 Sep
1994 a
Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon
ratification,
accession or succession. For objections thereto and territorial applications,
see hereinafter.)
Algeria
Declaration:
Referring to the
possibility offered by article I, paragraph 3, of the Convention, the People's
Democratic Republic of Algeria declares that it will apply the Convention, on
the basis of reciprocity, to the recognition and enforcement of arbitral awards
made only in the territory of another Contracting State and only where such
awards have been made with respect to differences arising out of legal
relationships whether contractual or not, which are considered as commercial
under algerian law.
antigua and barbuda
Declarations:
"In accordance
with article I, the Government of Antigua and Barbuda declares that it will
apply the Convention on the basis of reciprocity only to the recognition and
enforcement of awards made in the territory of another contracting state.
The Government of
Antigua and Barbuda also declares 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 laws of Antigua and Barbuda."
Argentina 7
Upon signature:
Subject to the
declaration contained in the Final Act.
Upon ratification:
On the basis of
reciprocity, the Republic of Argentina will apply the Convention only to the
recognition and enforcement of foreign arbitral awards made in the territory of
another Contracting State. It will also apply the Convention only to
differences arising out of legal relationships, whether contractual or not,
which are considered as commercial under its national law.
The Convention will
be interpreted in accordance with the principles and clauses of the National
Constitution in force or those resulting from modification made by virtue of
the Constitution.
armenia
Declarations:
"1. The
Republic of Armenia will apply the Convention only to recognition and
enforcement of awards made in the territory of another Contracting State.
2. The Republic of
Armenia will apply the Convention only to differences arising out of legal
relationships, whether contractual or not, which are considered as commercial
under the laws of the Republic of Armenia."
Austria 8
bahrain9
"1. The
accession by the State of Bahrain to the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, 1958 shall in no way constitute
recognition of Israel or be a cause for the establishment of any relations of
any kind therewith.
"2. In
accordance with article 1 (3) of the Convention, the State of Bahrain will
apply the Convention, on the basis of reciprocity, to the recognition and
enforcement of only those awards made in the territory of another Contracting
State party to the Convention.
"3. In
accordance with article 1 (3) of the Convention, the State of Bahrain 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 of Bahrain."
barbados
Declaration:
" (i) In
accordance with article 1 (3) of the Convention, the Government of Barbados
declares that it will apply the Convention on the basis of reciprocity to the
recognition and enforcement of awards made only in the territory of another
Contracting State.
(ii) The Government
of Barbados will also apply the Convention only to differences arising out of
legal relationships, whether contractual or not which are considered as
commercial under the laws of Barbados."
belarus
The Byelorussian
Soviet Socialist Republic will apply the provisions of this Convention in
respect to arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal
treatment.
belgium
In accordance with
article I, paragraph 3, the Government of the Kingdom of Belgium declares that
it will apply the Convention to the recognition and enforcement of arbitral
awards made only in the territory of a Contracting State.
bosnia and herzegovina
Declaration:
"The
Convention will be applied to the Republic of Bosnia and Herzegovina only
relating those arbitral awards that have been brought after entering into force
of the Convention.
The Republic of
Bosnia and Herzegovina will apply the Convention, on the basis of reciprocity,
to the recognition and enforcement of only those awards made in the territory
of another Contracting State.
The Republic of
Bosnia and Herzegovina 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 Republic of Bosnia and
Herzegovina."
botswana
"The Republic
of Botswana will apply the Convention only to differences arising out of legal
relationship, whether contractual or not, which are considered commercial under
Botswana law.
"The Republic
of Botswana will apply the Convention to the Recognition and Enforcement of
Awards made in the territory of another Contracting State."
brunei darussalam
Declaration:
"... Brunei
Darussalam will on the basis of reciprocity apply the said Convention to the
recognition and enforcement of only those awards which are made in the
territory of another Contracting State."
bulgaria
"Bulgaria will
apply the Convention to recognition and enforcement of awards made in the
territory of another contracting State. With regard to awards made in the
territory of non-contracting States it will
apply the Convention only to the extent to which these States grant reciprocal
treatment."
canada 10
27 May 1987
"The
Government of Canada declares 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 laws of Canada, except in the case
of the Province of Quebec where the law does not provide for such
limitation."
central african republic
Referring to the
possibility offered by paragraph 3 of article I of the Convention, the Central
African Republic declares that it will apply the Convention on the basis of
reciprocity, to the recognition and enforcement of awards made only in the
territory of another contracting State; it further declares that it will apply
the Convention only to differences arising out of legal relationships, whether
contractual or not, which are considered as commercial under its national law.
china
1. The People's
Republic of China will apply the Convention, only on the basis of reciprocity,
to the recognition and enforcement of arbitral awards made in the territory of
another Contracting State;
2. The People's
Republic of China 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 People's Republic of China.
cuba
Cuba will apply the
Convention to the recognition and enforcement of arbitral awards made in the
territory of another Contracting State. With respect to arbitral awards made by
other noncontracting States it will apply the Convention only in so far as
those States grant reciprocal treatment as established by mutual agreement
between the parties. Moreover, it will apply the Convention only to differences
arising out of legal relationships, whether contractual or not, which are
considered as commercial under Cuban legislation.
CYPRUS
"The Republic
of Cyprus will apply the Convention, on the basis of reciprocity, to the
recognition and enforcement of awards made only in the territory of another
Contracting State; furthermore it will apply the Convention only to differences
arising out of legal relationships, whether contractual or not, which are
considered as commercial under its national law."
CZECH REPUBLIC 3
DENMARK
In accordance with
the terms of article I, paragraph 3, [the Convention] shall have effect only as
regards the recognition and enforcement of arbitral awards made by another
Contracting State and [it] shall be valid only with respect to commercial
relationships.
ecuador
Ecuador, on a basis
of reciprocity, will apply the Convention to the recognition and enforcement of
arbitral awards made in the territory of another contracting State only if such
awards have been made with respect to differences arising out of legal
relationships which are regarded as commercial under Ecuadorian law.
france 11
Referring to the
possibility offered by paragraph 3 of article I of the Convention, France
declares that it will apply the Convention on the basis of reciprocity, to the
recognition and enforcement of awards made only in the territory of another
contracting State.
Referring to
paragraphs 1 and 2 of article X of the Convention, France declares that this
Convention will extend to all the territories of the French Republic.
greece13
18 April 1980
The present
Convention is approved on condition of the two limitations set forth in article
I (3) of the Convention.
guatemala
On the basis of
reciprocity, the Republic of Guatemala will apply the above Convention to the
recognition and enforcement of arbitral awards made only in the territory of
another contracting State; and will apply it only to differences arising out of
legal relationships, whether contractual or not, which are considered as
commercial under its national law.
Holy See
The State of
Vatican City will apply the said Convention on the basis of reciprocity, on the
one hand, to the recognition and enforcement of awards made only in the
territory of another Contracting State, and on the other hand, only to
differences arising out of legal relationships, whether contractual or not,
which are considered as commercial under Vatican law.
hungary
"The Hungarian
People's Republic shall apply the Convention to the recognition and enforcement
of such awards only as have been made in the territory of one of the other
Contracting States and are dealing with differences arising in respect of a
legal relationship considered by the Hungarian law as a commercial
relationship."
india
"In accordance
with Article I of the Convention, the Government of India declare that they
will apply the Convention to the recognition and enforcement of awards made
only in the territory of a State, party to this Convention. They further
declare that they will apply the Convention only to differences arising out of
legal relationships,whether contractual or not, which are considered as
commercial under the law of India."
indonesia
"Pursuant to
the provision of article I (3) of the Convention, the Government of the
Republic of Indonesia declares that it will apply the Convention on the basis
of reciprocity, to the recognition and enforcement of awards made only in the
territory of another Contracting State, and 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 Indonesian Law".
ireland
"In accordance
with article I (3) of the said Convention the Government of Ireland declares
that it will apply the Convention to the recognition and enforcement of
arbitral awards made only in the territory of another Contracting State".
japan
"It will apply
the Convention to the recognition and enforcement of awards made only in the
territory of another Contracting State."
jordan 9
The Government of
Jordan shall not be bound by any awards which are made by Israel or to which an
Israeli is a party.
kenya
Declaration:
"In accordance
with article I (3) of the said Convention the Government of Kenya declares that
it will apply the Convention to the recognition and enforcement of arbitral
awards made only in the territory of another contracting state."
kuwait
The State of Kuwait
will apply the Convention to the recognition and enforcement of awards made
only in the territory of another Contracting State.
It is understood
that the accession of the State of Kuwait to the Convention on the Recognition
and Enforcement of Foreign Arbitral Awards, done at New York, on the 10th of
June 1958, does not mean in any way recognition of Israel or entering with it
into relations governed by the Convention thereto acceded by the State of
Kuwait.
lebanon
Declaration:
The Government of
Lebanon declares that it will apply the Convention, on the basis of
reciprocity, to the recognition and enforcement of awards made only in the
territory of another Contracting State.
lithuania
Declaration:
[The Republic of
Lithuania] will apply the provisions of the said Convention to the recognition
of arbitral awards made in the territories of the Non-Contracting States, only
on the basis of reciprocity."
luxembourg
Declaration:
The Convention is
applied on the basis of reciprocity to the recognition and enforcement of only
those arbitral awards made in the territory of another Contracting State.
madagascar
The Malagasy
Republic declares that it will apply the Convention on the basis of
reciprocity, to the recognition and enforcement of awards made only in the
territory of another contracting State; it further declares that it will apply
the Convention only to differences arising out of legal relationships, whether
contractual or not, which are considered as commercial under its national law.
malaysia
Declaration:
The Government of
Malaysia will apply the Convention on the basis of reciprocity, to the
recognition and enforcement of awards made only in the territory of another
Contracting State. Malaysia further declares that it will apply the Convention
only to differences arising out of legal relationships, whether contractual or
not, which are considered as commercial under Malaysian law.
mauritius
Declarations:
"In accordance
with paragraph 3 of article 1 of the Convention, the Republic of Mauritius
declares that it will, on the basis of reciprocity, apply the Convention only
to the recognition and enforcement of awards made in the territory of another
Contracting State.
Referring to
paragraphs 1 and 2 of article X of the Convention, the Republic of Mauritius
declares that this Convention will extend to all the territories forming part
of the Republic of Mauritius."
monaco
Referring to the
possibility offered by article I (3) of the Convention, the Principality of
Monaco will apply the Convention, on the basis of reciprocity, to the
recognition and enforcement of awards made only in the territory of another
contracting State; furthermore, it will apply the Convention only to
differences arising out of legal relationship, whether contractual or not,
which are considered as commercial under its national law.
mongolia
Declaration:
"1. Mongolia
will apply the Convention, on the basis of reciprocity, to the recognition and
enforcement of arbitral awards made only in the territory of another
Contracting State.
2. Mongolia 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 Mongolia."
morocco
The Government of
His Majesty the King of Morocco will apply the Convention to the recognition
and enforcement of awards made only in the territory of another Contracting
State.
mozambique
Reservation:
"The Republic
of Mozambique reserves itself the right to enforce the provisions of the said
Convention on the base of reciprocity, where the arbitral awards have been
pronounced in the territory of another Contracting State."
nepal
Declaration:
"The Kingdom
of Nepal will apply the Convention, on the basis of reciprocity, to the
recognition and enforcemnt of awards made only in the territory of another
contracting state. [The Government of Nepal] further declares that the Kingdom
of Nepal will apply the Convention only to the differences arising out of legal
relationship, whther contractual or not, which are consid4red as commercial
under the law of the Kingdom of Nepal."
netherlands
Referring to
paragraph 3 of article I of the Convention on the Recognition and Enforcement
of Foreign Arbitral Awards, the Government of the Kingdom declares that it will
apply the Convention to the recognition and enforcement of awards made only in
the territory of another Contracting State.
new zealand
Declarations:
"In accordance
with paragraph 3 of article 1 of the Convention, the Government of New Zealand
declares that it will apply the Convention, on the basis of reciprocity, to the
recognition and enforcement of awards made only in the territory of another
Contracting State.
"Accession to
the Convention by the Government of New Zealand shall not extend for the time
being, pursuant to article X of the Convention, to the Cook Islands and
Niue."
nigeria
"In accordance
with paragraph 3 of article I of the Convention, the Federal Military
Government of the Federal Republic of Nigeria declares that it will apply the
Convention on the basis of reciprocity to the recognition and enforcement of
awards made only in the territory of a State party to this Convention and to differences
arising out of legal relationships, whether contractual or not, which are
considered as commercial under the laws of the Federal Republic of Nigeria."
norway
"1. [The
Government of Norway] will apply the Convention only to the recognition and enforcement
of awards made in the territory of one of the Contracting States."
"2. [The
Government of Norway] will not apply the Convention to differences where the
subject matter of the proceedings is immovable property situated in Norway, or
a right in or to such property."
philippines
Upon signature:
Reservation
"The
Philippine delegation signs ad referendum this Convention with the
reservation that it does so on the basis of reciprocity."
Declaration
"The
Philippines will apply the Convention to the recognition and enforcement of
awards made only in the territory of another contracting State pursuant to
Article I, paragraph 3 of the Convention."
Declaration
made upon ratification: "The Philippines, on the basis of reciprocity, will apply the
Convention to the recognition and enforcement of awards made only in the
territory of another Contracting State and 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."
poland
"With
reservations as mentioned in article I, para. 3."
portugal
Declaration:
Within the scope of
the principle of reciprocity, Portugal will restrict the application of the
Convention to arbitral awards pronounced in the territory of a State bound by
the said Convention.
Republic of Korea
"By virtue of
paragraph 3 of article I of the present Convention, the Government of the
Republic of Korea declares that it will apply the Convention to the recognition
and enforcement of arbitral awards made only in the territory of another
Contracting State. It further declares that it will apply the Convention only
to differences arising out of legal relationships, whether contractual or not,
which are considered as commercial under its national law.
republic of moldova
"The
Convention will be applied to the Republic of Moldova only relating those
arbitral awards that have been brought after entering into force of the
Convention.
The Convention will
be applied to the Republic of Moldova, on the basis of reciprocity, only
relating those awards made in the territory of another Contracting State."
romania
The Romanian
People's Republic will apply the Convention only to differences arising out of
legal relationships, whether contractual or not, which are considered as
commercial under its legislation.
The Romanian
People's Republic will apply the Convention to the recognition and enforcement
of awards made in the territory of another Contracting State. As regards awards
made in the territory of certain non-contracting States, the
Romanian People's Republic will apply the Convention only on the basis of
reciprocity established by joint agreement between the parties.
Russian Federation
The Union of Soviet
Socialist Republics will apply the provisions of this Convention in respect to
arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal
treatment.
saudi arabia
Declaration:
On the Basis of
reciprocity, the Kingdom declares that it shall restrict the application of the
Convention to the recognition and enforcement of arbitral awards made in the
territory of a Contracting State.
Singapore
"The Republic
of Singapore will on the basis of reciprocity apply the said Convention to the
recognition and enforcement of only those awards which are made in the
territory of another Contracting State."
SLOVAKIA 3
switzerland 14
trinidad and tobago
"In accordance
with article I of the Convention, the Government of Trinidad and Tobago
declares that it will apply the Convention to the recognition and enforcement
of awards made only in the territory of another Contracting State. The
Government of Trinidad and Tobago further declares 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 Law of
Trinidad and Tobago."
tunisia
With the
reservations provided for in article I, paragraph 3, of the Convention, that is
to say, the Tunisian State will apply the Convention to the recognition and
enforcement of awards made only in the territory of another Contracting State
and only to differences arising out of legal relationships, whether contractual
or not, which are considered as commercial under the Tunisian law.
turkey
Declaration:
In accordance with
the Article I, paragraph 3 of the Convention, the Republic of Turkey declares
that it will apply the Convention on the basis of reciprocity, to the
recognition and enforcement of awards made only in the territory of another
contracting State. It further declares that it will apply the Convention only
to differences arising out of legal relationships, whether contractual or not,
which are considered as commercial under its national law.
uganda
Declaration:
"The Republic
of Uganda will only apply the Convention to recognition and enforcement of
awards made in the territory of another Contracting State."
ukraine
The Ukrainian
Soviet Socialist Republic will apply the provisions of this Convention in
respect to arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal
treatment.
united kingdom of great britain and northern ireland 13
5 May 1980
"The United
Kingdom will apply the Convention only to the recognition and enforcement of
awards made in the territory of another Contracting State. This declaration is
also made on behalf of Gibraltar, Hong Kong and the Isle of Man to which the
Convention has been extended."
united republic of tanzania
"The
Government of the United Republic of Tanganyika and Zanzibar will apply the
Convention,in accordance with the first sentence of article I (3) thereof, only
to the recognition and enforcement of awards made in the territory of another
Contracting State."
UNITED STATES OF AMERICA
"The United
States of America will apply the Convention, on the basis of reciprocity, to
the recognition and enforcement of only those awards made in the territory of
another Contracting State.
"The United
States of America 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 United States."
venezuela
Declarations:
(a) The Republic of
Venezuela will apply the Convention only to the recognition and enforcement of
foreign arbitral awards made in the territory of another Contracting State.
(b) The Republic of
Venezuela will apply the present Convention only to differences arising out of
legal relationships, whether contractual or not, which are considered as commercial
under its national law.
viet nam
Declarations:
1. [The Socialist
Republic of Viet Nam] considers the Convention to be applicable to the
recognition and enforcement of arbitral awards made only in the territory of
another Contracting State. With respect to arbitral awards made in the
territories of non-contracting States, it will apply the Convention on the
basis of reciprocity.
2. The Convention
will be applied only to differences arising out of legal relationships which
are considered as commercial under the laws of Viet Nam.
3. Interpretation
of the Convention before the Vietnamese Courts or competent authorities should
be made in accordance with the Constitution and the law of Viet Nam.
Yugoslavia 15
Reservation:
"1. The
Convention is applied in regard to the Socialist Federal Republic of Yugoslavia
only to those arbitral awards which were adopted after the coming of the
Convention into effect.
"2. The
Socialist Federal Republic of Yugoslavia will apply the Convention on a
reciprocal basis only to those arbitral awards which were adopted on the
territory of the other State Party to the Convention.
"3. The
Socialist Federal Republic of Yugoslavia will apply the Convention [only] with
respect to the disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are
considered as economic."
Objections
(Unless otherwise indicated, the objections were received upon
ratification, accession or succession.)
germany4
29 December 1989
The Federal
Republic of Germany is of the opinion that the second paragraph of the
declaration of the Argentine Republic represents a reservation and as such is
not only contradictory to article I (3) of the Convention but is also vague and
hence inadmissible; it therefore raises an objection to that reservation.
In all other
respects this objection is not intended to prevent the entry into force of the
Convention between the Argentine Republic and the Federal Republic of Germany.
Territorial Application
|
Participant |
Date of receipt
of the notification |
Territories |
|
Australia |
26 Mar 1975 |
All the external
territories for the international relations of which Australia is responsible
other than Papua New Guinea |
|
Denmark 16 |
10 Feb 1976 |
Faeroe Islands,
Greenland |
|
France |
26 Jun 1959 |
All the
territories of the French Republic |
|
Netherlands17 |
24 Apr 1964 |
Netherlands
Antilles, Surinam |
|
24 Sep 1975 |
Gibraltar |
|
|
|
21 Jan 1977 |
Hong Kong |
|
|
22 Feb 1979 |
Isle of Man |
|
|
14 Nov 1979 |
Bermuda |
|
|
26 Nov 1980 |
Belize, Cayman
Islands |
|
|
19 Apr 1985 |
Guernsey |
|
United States of
America |
3 Nov 1970 |
All the
territories for the international relations of which the United States of
America is responsible |
Declarations and reservations made upon
notification of territorial application
united kingdom of great britain and northern ireland
Belize, Bermuda, Cayman Islands, Guernsey
[The Convention
will apply] . . . "in accordance with article I, paragraph 3 thereof, only
to the recognition and enforcement of awards made in the territory of another
Contracting State."
NOTES:
1 Official Records of the Economic and Social Council,
Twenty-first Session, Supplement No. 1 (E/2889), p. 5.
2 On 6 and 10 June 1997,
respectively, the Governments of China and the United Kingdom of Great Britain
and Northern Ireland notified the Secretary-General of the following:
[Same
notifications as those made under note in chapter IV.1.]
In addition, the
notification made by the Government of China contained the following
declaration:
The Convention will
be applied in the Hong Kong Special Administrative Region only to the
recognition and enforcement of awards made in the territory of another
Contracting State.
3 Czechoslovakia had signed
and ratified the Convention on 3 October 1958 and 10 July 1959, with a
declaration. For the text of the declaration, see United Nations, Treaty Series, vol. 330, p. 69. See also note 5 below and note in chapter I.2.
4 The German Democratic
Republic had acceded to the Convention with declarations, on 20 February 1975.
For the text of the declarations, see United Nations, Treaty Series, vol. 959, p. 841. See also note in chapter I.2.
5 With a declaration that the
Convention will also apply to Land
Berlin as
from the day on which it enters into force for the Federal Republic of Germany.
With reference to
the above-mentioned statement,communications have been
received from the Governments of Albania, Bulgaria, the Byelorussian SSR, Cuba,
Czechoslovakia, the Federal Republic of Germany, France, the United Kingdom and
the United States of America, Poland, Romania, the Ukrainian SSR and the Union
of Soviet Socialist Republics. The said communications are identical in
essence, mutatis mutandis, to the ones reproduced in
note 3 in chapter III.3.
Upon accession to
the Convention, on 20 February 1975, the Government of the German Democratic
Republic made the following declaration in this respect:
Pursuant to the
Quadripartite Agreement of 3 September 1971 between the Governments of the
Union of Soviet Socialist Republics, the United Kingdom of Great Britain and
Northern Ireland, the United States of America and the French Republic, that
Berlin (West) is not a constituent part of the Federal Republic of Germany and
not to be governed by it. The statements by the Federal Republic of Germany to
the effect that these Conventions also apply to "Land Berlin" are therefore contrary to the Quadripartite
Agreement, which states further that treaties affecting matters of security and
status may not be extended to Berlin (West) by the Federal Republic of Germany.
The statements by the Federal Republic of Germany cannot therefore have legal
effects.
In regard to the
latter declaration, the Secretary-General received on 26
January 1976 from the Governments of France, the United Kingdom of Great
Britain and Northern Ireland and the United States of America a communication
confirming their previous declarations.
Subsequently, on 24
February 1976, the Secretary-General received from the
Government of the Federal Republic of Germany a communication which states in
part:
"The
Government of the Federal Republic of Germany, on the basis of the legal
situation set out in the [Note] of the Three Powers, wishes to confirm that the
application in Berlin (West) of the above-mentioned [Convention] extended by it
under the established procedures continues in full force and effect."
See also note 4 above.
6
Accession by the United Arab Republic, see note in chapter I.1.
7 The declaration made upon
signature and contained in the Final Act read as follows:
"If another
Contracting Party extends the application of the Convention to territories
which fall within the sovereignty of the Argentine Republic, the rights of the
Argentine Republic shall in no way be affected by that extension."
8
In a communication received on 25 February 1988, the Government of Austria
notified the Secretary-General of its decision to
withdraw as from that date, the reservation made upon accession to the
Convention. For the text of the reservation, see United Nations, Treaty Series, vol. 395, p. 274.
9 In a communication received
by the Secretary-General on 23 June 1980, the
Government of Israel declared the following:
"The
Government of Israel has noted the political character of the statement made by
the Government of Jordan. In the view of the Government of Israel, this
Convention is not the proper place for making such political pronouncements.
Moreover, the said declaration cannot in any way affect whatever obligations
are binding upon Jordan under general international law or under particular
conventions.
"Insofar as
concerns the substance of the matter, the Government of Israel will adopt
towards the Government of Jordan an attitude of complete reciprocity."
A communication
identical in essence, mutatis mutandis, was received by the
Secretary-General, on 22 September 1988, from the
Government of Israel in respect of the declaration made by Bahrain upon
accession.
10
The declaration by Canada received on 20 May 1987, and which originally
comprised two parts, was made after accession. It was communicated by the
Secretary-General to all States. None of the
Contracting Parties having expressed an objection within a period of 90 days
from the date of the above-mentioned communication [22
July 1987], the declaration was deemed to have been accepted and replaces the
declaration made upon accession which read as follows:
"The
Government of Canada declares, with respect to the Province of Alberta, that it
will apply the Convention only to the recognition and enforcement of awards
made in the territory of another Contracting State.
"The
Government of Canada declares 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 Canada."
Subsequently, on 25
November 1988, the Government of Canada notified the Secretary-General of its decision to withdraw, with effect from that date, the
second part of its revised declaration received on 20 May 1987 which read as
follows:
"The
Government of Canada declares, with respect to the Province of Saskatchewan,
that it will apply the Convention only to the recognition and enforcement of
awards made in the territory of another Contracting State."
11 In a communication received
on 27 November 1989, the Government of France notified the Secretary-General of its decision to withdraw, with effect from that date, the
declaration relating to the second sentence of its declaration relating to
paragraph 3 of article I made upon ratification. For the text of the
declaration so withdrawn, see United Nations,
Treaty Series, vol. 336, p. 426.
12 In a communication received
on 31 August 1998, the Government of Germany notified the Secretary-General of its decision to withdraw the reservation made upon
ratification of the Convention. For the text of the reservation, see United
Nations, Treaty Series, vol. 399, p. 286.
13 Since the declaration [by
Greece] [by the United Kingdom] had been made after accession, it was
communicated by the Secretary-General to all States
concerned on 10 June 1980. None of the Contracting Parties having expressed an
objection within a period of 90 days from the date of the above-mentioned communication, the declaration was deemed to have been
accepted.
14 On 23 April 1993, the
Government of Switzerland notified the Secretary-General of its decision to
withdraw the declaration made upon ratification. For the text of the
declaration, see United Nations, Treaty
Series,
vol. 536, p. 477.
15 In a latter declaration
dated 28 June 1982, the Government of Yugoslavia specified that the first
reservation only constituted an affirmation of the legal principle of
retroactivity and that the third reservation being essentially in accordance
with article I (3) of the Convention, the word "only" was therefore
to be added to the original text and note taken that the word "economic"
had been used therein as a synonym for "commercial".
16 At the time of acceding to
the Convention the Government of Denmark declared, in accordance with article X
(1), that it would not apply for the time being to the Faeroe Islands and
Greenland.
In a communication
received on 12 November 1975, the Government of Denmark declared that it had
withdrawn the above-mentioned declaration, this
decision to take effect on 1 January 1976.
In a further
communication received on 5 January 1978, the Government of Denmark confirmed
that the communication received by the Secretary-General on 12 November 1975 should be considered as having taken effect
from 10 February 1976, in accordance with article X (2), it being understood
that the Convention was applied
de facto
to the Faeroe Islands and Greenland from 1 January to 9 February 1976.
17 See note in chapter I.1.
18 See also under "Declarations and Reservations" in this chapter for the
reservation made by the United Kingdom, which was also made on behalf of Gibraltar,
Hong Kong (see also note 2 in this chapter) and the
Isle of Man.