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Scope Of The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards

Original Language Title: Geltungsbereich des Übereinkommens über die Anerkennung und Vollstreckung ausländischer Schiedssprüche

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25. Customer's announcement concerning the scope of the Convention on the Recognition and Enforcement of Foreign Arbitral Arbitration

According to statements by the Secretary-General of the United Nations, the following other countries have their instruments of accession to the Convention on the Recognition and Enforcement of Foreign Arbitration (BGBl). No 200/1961, last proclamation of the BGBl area. III No 165/2005):

States:

Date of deposit of the

Certificate of Accession:

Bahamas

20 December 2006

Gabon

15. December 2006

Liberia

16 September 2005

Marshal Islands

21 December 2006

United Arab Emirates

21. August 2006

Montenegro has also declared that it will continue to be bound by the Convention with effect from 3 June 2006. On the occasion of the deposit of the Declaration of Continuity, Montenegro has declared the following reservations, or Statement issued:

Reservations:

1.

The Convention shall only be applied in respect of the Socialist Federal Republic of Yugoslavia in respect of those arbitration awards which have been issued after the entry into force of the Convention.

2.

The Socialist Federal Republic of Yugoslavia will apply the Convention on the basis of reciprocity only to those arbitration awards which have been issued on the territory of the other Contracting Party to the Convention.

3.

The Socialist Federal Republic of Yugoslavia will apply the Convention (only) with regard to litigation of a contractual or non-contractual nature, which are to be regarded as commercial matters in accordance with national legislation.

Explanation:

The first reservation was only a confirmation of the legal principle of the retroactive effect; the third reservation was made essentially in accordance with Art. I (3) of the Convention, whereby the word 'only' was attached to the original text and the word 'commercial matters' was used for 'business matters'.

Following a further note by the Secretary-General of the United Nations, China made the following statement on 19 July 2005:

In accordance with Art. 138 of the Basic Law of the Special Administrative Region of Macao of the People's Republic of China, the Government of the People's Republic of China decided that the Convention on the Recognition and Enforcement of Foreign Arbitral Arbitration shall apply to the Macao Special Administrative Region of the People's Republic

China is being used. The statement by the Government of the People's Republic of China on the occasion of its accession to the Convention on 22 December 2008 Jänner 1987 also applies to the Macao Special Administrative Region of the People's Republic of China.

Gusenbauer