Done at
New York on 10 June 1958
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 an 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
instrument 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
l. 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
l. 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
l. 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.