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SPACER

New York Convention


Convention on the Recognition and Enforcement of Foreign Arbitral Awards Done at New York, 10 June 1958; entered into force, 7 June 2020 United Nations, Treaty Series, vol. 330, p. 38, No. 4739 (1959)

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 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.

Article VIII

1. This Convention shall be open until 31 December 2020 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 instruments 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

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.

Article XIII

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.

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

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.

 

List of Contracting States as of February 2002.

 

State

Ratification

Reservation

 

Albania

27 June 2001

-

 

Algeria

7 Feb 1989

1 - 2

 

Antigua and Barbuda

2 Feb 1989

1 - 2

 

Argentina

14 Mar 2021

1 - 2

 

Armenia

29 Dec 1997

1 - 2

 

Australia

26 Mar 2021

-

 

Austria

2 May 1961

-

 

Azerbaijan

29 Feb 2000

-

 

Bahrain

6 Apr 1988

1 - 2

 

Bangladesh

6 May 1992

-

 

Barbados

16 Mar 1993

   - 2

 

Belarus

15 Nov 1960

1

 

Belgium

18 Aug 1975

1

 

Benin

16 May 1974

-

 

Bolivia

28 Apr 1995

-

 

Bosnia and Herzegovina

1 Sep 1993

1 - 2

 

Botswana

20 Dec 1971

1 - 2

 

Brunei Darussalam

25 July 1996

1

 

Bulgaria

10 Oct 1961

1

 

Burkina Faso

23 Mar 1987

-

 

Cambodia

5 Jan 1960

-

 

Cameroon

19 Feb 1988

-

 

Canada

12 May 1986

-

 

Central African Republic

15 Oct 1962

1 - 2

 

Chile

4 Sep 1975

-

 

China, PR

22 Jan 1987

1 - 2

 

Colombia

25 Sep 1979

-

 

Costa Rica

26 Oct 2020

-

 

Côte d'Ivoire

1 Feb 1991

-

 

Croatia

26 July 2020

1 - 2

 

Cuba

30 Dec 1974

1 - 2

 

Cyprus

29 Dec 2020

1 - 2

 

Czech Republic

30 Sep 1993

-

 

Denmark

22 Dec 2020

1 - 2

 

Djibouti

14 June 1983

-

 

Dominica

28 Oct 2020

-

 

Ecuador

3 Jan 1962

1 - 2

 

Egypt

9 Mar 2021

-

 

El Salvador

26 Feb 1998

-

 

Estonia

30 Aug 1993

-

 

Finland

19 Jan 1962

-

 

France

26 June 2020

1

 

Georgia

2 June 1994

-

 

Germany

30 June 1961

1

 

Ghana 

9 Apr 1968

 

Greece

16 July 2020

1 - 2

 

Guatemala

21 Mar 1984

1 - 2

 

Guinea

23 Jan 2021

-

 

Haiti

5 Dec 1983

-

 

Holy See

14 May 1975

1 - 2

 

Honduras

3 Oct 2000

-

 

Hungary

5 Mar 2021

1 - 2

 

Iceland

24 Jan 2001

-

 

India

13 July 1960

1 - 2

 

Indonesia

7 Oct 1981

1 - 2

 

Iran, Islamic Republic of

15 Oct 2001

1 - 2

 

Ireland

12 May 1981

1

 

Israel

5 Jan 1959

-

 

Italy

31 Jan 1969

-

 

Japan

20 June 1961

1

 

Jordan

15 Nov 1979

-

 

Kazakhstan

20 Nov 1995

-

 

Kenya

10 Feb 1989

1

 

Korea, Republic of

8 Feb 1973

1 - 2

 

Kuwait

28 Apr 1978

1

 

Kyrgyzstan

18 Dec 1996

-

 

Lao People's Democratic Republic

17 June 1998

-

 

Latvia

14 Apr 1992

-

 

Lebanon

11 Aug 1998

1

 

Lesotho

13 June 1989

-

 

Lithuania

14 Mar 1995 

1

 

Macedonia, the former Yugoslav Republic of

10 Mar 2021

1 - 2

 

Madagascar

16 July 1962

1 - 2

 

Malaysia

5 Nov 2020

1 - 2

 

Mali

8 Sep 1994

-

 

Malta

22 June 2020

1

 

Mauritania

30 Jan 1997

-

 

Mauritius

19 June 2020

1

 

Mexico

14 Apr 1971

-

 

Moldova, Republic of

18 Sep 2020

1

 

Monaco

2 June 1982

1 - 2

 

Mongolia

24 Oct 2020

1 - 2

 

Morocco

12 Feb 1959

1

 

Mozambique

11 June 2020

1

 

Nepal

4 Mar 1998

1 - 2

 

Netherlands

24 Apr 2021

1

 

New Zealand

6 Jan 1983

1

 

Niger

14 Oct 2020

-

 

Nigeria

17 Mar 1970

1 - 2

 

Norway

14 Mar 1961

1

 

Oman

25 Feb 1999

-

 

Panama

10 Oct 1984

-

 

Paraguay

8 Oct 1997

 

Peru

7 July 1988

-

 

Philippines

6 July 1967

1 - 2

 

Poland

3 Oct 1961

1 - 2

 

Portugal

18 Oct 1994

1

 

Romania

13 Sep 2020

1 - 2

 

Russian Federation

24 Aug 1960

1

 

Saint Vincent and the Grenadines

12 Sep 2020

1 - 2 

 

San Marino

17 May 1979

-

 

Saudi Arabia

19 Apr 2021

-

 

Senegal

17 Oct 1994

-

 

Singapore

21 Aug 2020

1

 

Slovakia

28 May 1993

 
 

Slovenia

6 July 2020

1 - 2

 

South Africa

3 May 1976

-

 

Spain

12 May 2021

-

 

Sri Lanka

9 Apr 1962

-

 

Sweden

28 Jan 2021

-

 

Switzerland

1 June 1965

-

 

Syrian Arab Republic

9 Mar 2021

-

 

Tanzania, United Republic of

13 Oct 1964

1

 

Thailand

21 Dec 2020

-

 

Trinidad and Tobago

14 Feb 1966

1 - 2

 

Tunisia

17 July 2020

1 - 2

 

Turkey

2 July 1992

1 - 2

 

Uganda

12 Feb 2021

1

 

Ukraine

10 Oct 1960

1

 

United Kingdom of Great Britain 
and Northern Ireland

24 Sep 1975

1

 

United States of America

30 Sep 1970

1 - 2

 

Uruguay

30 Mar 2021

-

 

Uzbekistan

7 Feb 1996

-

 

Venezuela

8 Feb 2021

1 - 2

 

Vietnam

12 Sep 1995

1 - 2

 

Yugoslavia

12 Mar 2001

-

 

Zimbabwe

26 Sep 1994

-


Reservation:

1. Awards will be recognized and enforced only if made in the territory of another Contracting State.
2. The Convention applies 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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