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NEW YORK
CONVENTION
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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)
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Article
I
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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(a)
The duly authenticated original award or a duly certified copy
thereof;
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(b)
The original agreement referred to in article II or a duly certified copy
thereof.
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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
atranslation of these documents into such language. The translation shall
be certified by an official or sworn translator or by a diplomatic or
consular agent.
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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:
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(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
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(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
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(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
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(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
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(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.
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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:
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(a)
The subject matter of the difference is not capable
of settlement by arbitration under the law of that country; or
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(b)
The recognition or enforcement of the award would be contrary to the
public policy of that country.
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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.
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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.
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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.
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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
aparty 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.
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2.
This Convention shall be ratified and the instruments of ratification
shall be deposited with the Secretary-General of the United Nations.
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1.
This Convention shall be open for accession to all
States referred to in article VIII.
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2.
Accession shall be effected by the deposit of an instrument of accession
with the Secretary-General of the United Nations.
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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.
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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.
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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.
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In
the case of a federal or non-unitary State, the following provisions shall
apply:
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(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;
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(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;
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(c)
Afederal 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.
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1.
This Convention shall come into force on the ninetieth day following the
date of deposit of the third instrument of ratification or
accession.
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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.
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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.
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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.
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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.
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The
Secretary-General of the United Nations shall notify the States
contemplated in article VIII of the following:
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(a)
Signatures and ratifications in accordance with article VIII;
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(b)
Accessions in accordance with article IX;
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(c) Declarations and notifications under
articles I, X and XI;
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(d)
The date upon which this Convention enters into force in accordance with
article XII;
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(e)
Denunciations and notifications in accordance with
article XIII.
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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.
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2.
The Secretary-General of the United Nations shall transmit a
certified copy of this Convention to the States contemplated in
article VIII.
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