FOREIGN ARBITRATION DECISIONS
ABOUT RECOGNITION AND EXECUTION
CONVENTION

June 10, 1958
Adopted by the United Nations
Entered into force on 7 June 1959.

 

 

Article I.

1. The present Convention shall apply to the recognition and enforcement of international arbitral awards rendered in the territory of a State other than the State which requires the recognition and enforcement of arbitral awards in disputes between parties, both natural and legal persons. This Convention shall also apply to arbitral awards which are not domestic decisions of the State in which the recognition and enforcement of arbitral awards are required.

2. In addition to the arbitral awards of the arbitrators appointed for each particular case, the term "arbitral awards" shall also apply to the arbitral awards of the permanent arbitral tribunals to which the parties apply.

3. Upon signing, ratifying or acceding to an existing Convention, or making a notification provided for in Article X of an existing Convention, each State may, on a reciprocal basis, apply the existing Convention only to the recognition and enforcement of arbitral awards in the territory of the other Contracting State.
Each State may also declare that it will apply the present Convention only to disputes arising out of a treaty or other legal relationship which, under the national law of the State which has made such a declaration, is a commercial relationship.

Article II

1. Each Contracting State shall recognize the written agreement under which the parties undertake to submit to arbitration any or all disputes which have arisen or may arise between the parties in connection with any specific contract or object of legal relations which may be the subject of arbitration.

2. The term "written consent" means an arbitration clause in the contract or an arbitration agreement signed by the parties or in their letters and telegrams.

3. When a court of a Contracting State receives a claim concerning the conclusion of a contract by the parties under this article, the court of the Contracting State shall, at the request of either party, send the parties to arbitration if it fails to determine the illegality, expiration or non-enforcement of the agreement.

Article III

Each Contracting State shall recognize the arbitral awards and shall enforce them in accordance with the rules of procedure of the territory in which the recognition and enforcement of such decisions is required in accordance with the conditions laid down in the following Articles.
The recognition and enforcement of arbitral awards to which the present Convention is applied shall not be subject to more aggravating circumstances or higher fees and charges for the recognition and enforcement of internal judgments.

Article IV

1. A party requesting recognition and enforcement for the recognition and enforcement referred to in the preceding Article shall, upon request, submit the following:

a) the original of the duly certified arbitral award or a duly certified copy thereof;

b) the original of the contract referred to in Article II or a duly certified copy thereof;

2. If the text of the arbitral award or agreement is not in the official language of the country where the recognition and enforcement of the award is required, the party requesting the recognition and enforcement of the award shall provide a translation of those documents into that language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular office.

Article V.

1. At the request of the party against the arbitral award, the recognition and enforcement of the arbitral award may be challenged if that party proves by submitting evidence to the competent authorities of the territory where the recognition and enforcement of the award is required:

(a) The parties to an agreement referred to in Article II are incapable in any way under applicable law or the agreement referred to by the parties is illegal, and in the absence of such a provision the agreement is illegal under the law of the country of destination; or
b) the party against the decision has not been duly notified of the appointment or investigation of the arbitrator or has not been able to provide his explanations for other reasons; or
c) the said decision is not provided for in the arbitration agreement or arbitration reservations or does not comply with those conditions; or the decision contains provisions on matters that go beyond the arbitration agreement or the arbitration clauses in the contract. In addition, provisions on other arbitration agreements or matters covered by arbitration clauses may be distinguished from provisions not covered by such arbitration agreement or arbitration clauses.