CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS SIGNED
AT GENEVA ON THE TWENTY-SIXTH DAY OF SEPTEMBER, NINETEEN HUNDRED
In the territories of any High Contracting Party to which
the present Convention applies, an arbitral award made in
of an agreement, whether relating to existing or future differences
(hereinafter called "a submission to arbitration")
covered by the Protocol on Arbitration Clauses, opened at Geneva
on September 24, 1923, shall be recognised as binding and shall
be enforced in accordance with the rules of the procedure of
the territory where the award is relied upon, provided that
the said award has been made in a territory of one of the High
Contractingne of the High Contracting Parties to which the
present Convention applies and between persons who are subject
to the jurisdiction of one of the High Contracting Parties.
To obtain such recognition or enforcement, it shall, further,
(a) That the award has been made in pursuance of a submission
to arbitration which is valid under the law applicable thereto;
(b) That the subject-matter of the award is capable of settlement
by arbitration under the law of the country in which the
award is sought to be relied upon;
(c) That the award has been made by the Arbitral Tribunal
provided for in the submission to arbitration or constituted
manner agreed upon by the parties and in conformity with
the law governing the arbitration procedure;
(d) That the award has become final in the country in which
it has been made, in the sense that it will not be considered
as such if it is open to opposition, appel or pourvoi en
cassation (in the countries where such forms of procedure
exist) or if
it is proved that any proceedings for the purpose of contesting
the validity of the award are pending;
(e) That the recognition or enforcement of the award is not
contrary to the public policy or to the principles of the
law of the country in which it is sought to be relied upon.
Even if the conditions laid down in Article 1 hereof are fulfilled,
recognition and enforcement of the award shall be refused
if the Court is satisfied:—
(a) That the award has been annulled in the country in which
it was made;
(b) That the party against whom it is sought to use the award
was not given notice of the arbitration proceedings in sufficient
time to enable him to present his case; or that, being under
a legal incapacity, he was not properly represented;
(c) That the award does not deal with the differences contemplated
by or fading within the terms of the submission to arbitration
or that it contains decisions on matters beyond the scope of
the submission to arbitration.
If the award has not covered all the questions submitted to
the arbitral tribunal, the competent authority of the country
where recognition or enforcement of the award is sought can,
if it think fit, postpone such recognition or enforcement or
grant it subject to such guarantee as that authority may decide.
If the party against whom the award has been made proves that,
under the law governing the arbitration procedure, there is
a ground, other than the grounds referred to in Article 1 (a)
and (c), and Article 2 (b) and (c), entitling him to conte,
entitling him to contest the validity of the award in a Court
of Law, the Court may, if it thinks fit, either refuse recognition
or enforcement of the award or adjourn the consideration thereof,
giving such party a reasonable time within which to have the
award annulled by the competent tribunal.
The party relying upon an award or claiming its enforcement
must supply, in particular:—
(1) The original award or a copy thereof duly authenticated,
according to the requirements of the law of the country in
which it was made;
(2) Documentary or other evidence to prove that the award has
become final, in the sense defined in Article 1 (d), in the
country in which it was made;
(3) When necessary, documentary or other evidence to prove
that the conditions laid down in Article 1, paragraph 1 and
paragraph 2 (a) and (c), have been fulfilled.
A translation of the award and of the other documents mentioned
in this Article into the official language of the country where
the award is sought to be relied upon may be demanded. Such
translation must be certified correct by a diplomatic or consular
agent of the country to which the party who seeks to rely upon
the award belongs or by a sworn translator of the country where
the award is sought to be relied upon.
The provnbsp; The provisions of the above Articles shall not
deprive any interested party of the right of availing 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.
The present Convention applies only to arbitral awards made
after the coming into force of the Protocol on Arbitration
Clauses, opened at Geneva on September 24th, 1923.
The present Convention, which will remain open to the signature
of all the signatories of the Protocol of 1923 on Arbitration
Clauses, shall be ratified.
It may be ratified only on behalf of those Members of the League
of Nations and non-Member States on whose behalf the Protocol
of 1923 shall have been ratified.
Ratifications shall be deposited as soon as possible with the
Secretary-General of the League of Nations, who will notify
such deposit to all the signatories.
The present Convention shall come into force three months after
it shall have been ratified on behalf of two High Contracting
Parties. Thereafter, it shall take effects in the case of each
High Contracting Party, three months after the deposit of the
ratifications on its behalf with the Secretary-General of the
LSecretary-General of the League of Nations.
The present Convention may be denounced on behalf of any Member
of the League or non-Member State. Denunciation shall be notified
in writing to the Secretary-General of the League of Nations,
who will immediately send a copy thereof, certified to be in
conformity with the notification, to all the other Contracting
Parties, at the same time informing them of the date on which
he received it.
The denunciation shall come into force only in respect of the
High Contracting Party which shall have notified it and one
year after such notification shall have reached the Secretary-General
of the League of Nations.
The denunciation of the Protocol on Arbitration Clauses shall
entail, ipso facto, the denunciation of the present Convention.
The present Convention does not apply to the Colonies, Protectorates
or territories under suzerainty or mandate of any High Contracting
Party unless they are specially mentioned.
The application of this Convention to one or more of such Colonies,
Protectorates or territories to which the Protocol on Arbitration
Clauses, opened at Geneva on September 24th, 1923, applies,
can be effected at any time by means of a declaration addressed
to the Secretary-General of the League of Nneral of the League
of Nations by one of the High Contracting Parties.
Such declaration shall take effect three months after the deposit
The High Contracting Parties can at any time denounce the Convention
for all or any of the Colonies, Protectorates or territories
referred to above. Article 9 hereof applies to such denunciation.
A certified copy of the present Convention shall be transmitted
by the Secretary-General of the League of Nations to every
Member of the League of Nations and to every Non-Member State
which signs the same.