Enforcement Of Foreign Arbitral Sayings

Original Language Title: o vykonatelnosti cizích rozhodčích výroků

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192/1931 Sb.



Convention



enforcement of foreign arbitral sayings



On behalf of the Czechoslovak Republic



On behalf of the Czechoslovak Republic,

Germany, Austria, Belgium, Great Britain and Northern Ireland, the new

Zealand, Denmark, Estonia, France, Italy, The Netherlands, Nicaragua,

Romania, Spain, Finland, Luxembourg, Sweden, the free city

Gdansk, Peru, Siam, Portugal, Greece, Switzerland and Bolivia,



This Convention was agreed:



(Translation)



Convention



enforcement of foreign arbitral sayings



The President of the German Empire; President of the Republic of Austria; His Majesty

the King of Aquitania. His Majesty the King of Great Britain, Ireland and the UK

the territory overseas, Emperor of India; His Majesty the King of Denmark;

President of the Republic of Estonia; President of the Republic of France; His

Majesty King Italian; President of the Republic Nicaraguayské; Her

Majesty the Queen of the Netherlands; His Majesty the King of Romania; His

Majesty the King of Spain; President of the Republic of Finland; Her Royal

Highness the Grand Duchess of Luxembourg; His Majesty the King of Sweden;

The President of the Czechoslovak Republic; President of the Republic of Poland,

free city of Danzig; The President of the Republic of Peru; His Majesty the King

Siamese; The Portuguese President of the Republic; The President of the Greek;

The Federal Council of Switzerland; President of the Republic of Bolivia;



who signed the Protocol on arbitration clauses, which is interpreted in

Geneva from 24. September 1923



being determined to negotiate the Convention to this Protocol,



name your plnomocníky:



The President of the German Empire:



Adolf Müller, P.



the extraordinary Envoy and Plenipotentiary Minister at the Federal Council

the Swiss;



President of the Republic of Austria:



P. Pflügla, Who



the authorized representative of the Minister of the Federal Government of the Austrian company

Nations;



His Majesty the King of Aquitania:



P. J. Brunette,



Envoy Extraordinary and Minister Plenipotentiary;



His Majesty the King of Great Britain, Ireland and the British Dominions

Overseas, Emperor of India:



For Great Britain and Northern Ireland, as well as all parts of the British Empire,

that are not specifically members of the League of Nations:



Sir Austena Chamberlain



K. g., m. p., State Secretary for Foreign Affairs of his British

Majesty;



In New Zealand:



Sir C. J. Parra,



The High Commissioner for New Zealand in London;



His Majesty the King of Denmark:



P. A. Oldenburg,



the extraordinary Envoy and Plenipotentiary Minister at the Federal Council

the Swiss, Permanent Representative at the League of Nations;



President of the Republic of Estonia:



P. A. Schmidt,



the representative of the Minister of Foreign Affairs;



The President of the French Republic:



P. Aristide Brianda,



Minister of Foreign Affairs;



His Majesty the King of Italian:



P. Vittoria Scialoju,



Senator;



The President of the Republic of Nicaraguayské:



P. T. F. Medina,



the extraordinary Envoy and Plenipotentiary Minister at the Presidency of the Republic

The French;



Her Majesty the Queen of the Netherlands:



Jonkheera f. Beelaertse van Blokland,



Minister of Foreign Affairs;



His Majesty the King of Romania:



P. C. Antoniada,



the authorized Minister, Permanent Representative of Romania to the company

Nations;



His Majesty the King of Spain:



The Marquis de Torrehermosa, la



the extraordinary Envoy and Plenipotentiary Minister at the Federal Council

the Swiss;



President of the Republic of Finland:



P. Rudolf Holsti,



the authorized Minister, Permanent Representative of Romania to the company

Nations;



Her Royal Highness the Grand Duchess of Luxembourg:



P. Josef Becha,



the Minister, the President of the Grand-Ducal Government;



His Majesty the King of Sweden:



P. Charles Ivan Westmana,



the extraordinary Envoy and Plenipotentiary Minister at the Federal Council

the Swiss;



The President of the Republic:



Mr. Zdeněk Fierlingra,



the extraordinary Envoy and Plenipotentiary Minister at the Federal Council

the Swiss, Permanent Representative at the League of Nations;



President of the Republic of Poland; for the free city of Danzig:



P. František Sokal Concert,



the authorized representative of the Minister for the League of Nations;



The President of the Republic of Peru:



P. M. H. Corneja,



the extraordinary Envoy and Plenipotentiary Minister at the Presidency of the Republic

French, a representative of Peru in the Council of the League of Nations;



His Majesty the King of Siam:



Prince Varnvaidyu,



the extraordinary Envoy and Plenipotentiary Minister in London, Standing

the representative of the League of Nations;



The Portuguese President of the Republic:



P. Ferraz de Andrade,



the preferred the Portuguese offices in the League of Nations;



The Greek President of the Republic:



P. R. Raphael,



Permanent Representative at the League of Nations, the Chargé d'affaires in Berne;



Swiss Federal Council:



Giuseppe Motta, P.



the Federal Council, the preferred federal, political office;



President of the Republic of Bolivia:



P. Adolfo Costa du Referenced,



the authorized Minister, Permanent Representative at the League of Nations;



p. Albert Cortadellas,



the extraordinary Envoy and Plenipotentiary Minister at the Federal Council

the Swiss, Permanent Representative at the League of Nations;



who, sdělivše your power of Attorney, and shledavše is in good and due

the form, they agreed on the following provisions:



Article 1



Judge opinion issued under the rozsudím or by the arbitral

the clause, which is spoken in the Protocol on arbitration clauses, landed

in Geneva from 24. September 1923, in territories belonging to some of the High

The contracting party to which this Convention applies, recognized and allowed

execution by this statement according to the rules of procedure, which applies to the

territory where the statement is applied, if the statement was issued on the territory of the

some of the High Contracting Parties covered by this Convention, and

among those conquered some of the powers of the High Contracting Parties.



In order to achieve this recognition or execution, will continue to be:



and that statement was issued) under the rozsudím or by the arbitral

clause, applicable according to the legislation that applies to them;



(b)) to under the laws of the State where it was implemented, it is allowed

decide about its subject in the arbitration proceedings;



(c) the opinion was issued) to make the arbitral tribunal, which was established by the Treaty

rozsudím or arbitration clause or by agreement of the parties and the legal

rules applicable to arbitration;



(d)) that became operative in the country where it was issued, an authorised in that

meaning that it will not be recognised as such, they may be lodged against him

objection, appeal or complaint (messy, in States where such proceedings

There are), or if it is proved that it is introduced proceedings in which the validity of the

the operative part is béře in the resistance;



(e) the recognition or enforcement) of the operative part is she's not seizing public policy

or the principles of public law of the State where it is applied.



Article 2



Although they will be subject to the conditions mentioned in the first article, the recognition and

enforcement of the Deny statement, if the judge finds:



and that statement was canceled) in the State where it was issued;



(b)) that the party against whom the statement is to be applied, not timely knowledge about

arbitration, so could not apply its reasons, or that without the

process capability has not been properly represented;



(c)) that the statement does not apply to the dispute indicated in the contract of rozsudím or

contained in the provisions of the arbitration clause, or that contains a decision,

which vykročují the limits of the Treaty of rozsudím or the arbitration clause.



If it has not been decided in the operative part on all issues submitted to arbitration

the Court, the competent authority of the State where the recognition is sought, or of the exercise of

This statement, considers it appropriate to postpone such recognition or

execution or make them dependent on the certainty that this authority

shall designate.



Article 3



Where the party against whom the statement was issued, pursuant to the laws

the rules applicable to arbitration, there's some other reason than

the reasons given in the article first lit. and) and c) and in article 2 lit. (b)), and (c)),

and that this reason enables it to take before the Court in the resistance force of the operative part,

the judge may, at its discretion refuse recognition or enforcement, or is

hold off and provide a reasonable period to do so, to give

the competent court to pronounce the invalidity.



Article 4



The party that submits statement or asks for its execution, it shall in particular

submit:



1. the original statement or a copy thereof satisfactory according to the legislation of the State

where were issued, those prescribed to determine its authenticity;



2. documents and papers, which would deliver the proof that the statement has acquired within the meaning of

provided for in article first lit. d) able to rights in the State where it was issued;



3. where appropriate, documents and papers, which would deliver proof of compliance

the conditions referred to in article 1, paragraph 1. and in paragraph 2., lit. a) and (c)).



You can require a translation of the statement and the other documents referred to in this

article in an official language of the State where the statement is applied. This

translation must verify the diplomatic or consular representative of the State,

whose national is a party that submits a statement or a sworn

the interpreter State where the statement is applied.



Article 5



The provisions of the preceding articles shall not prevent any party concerned in law

apply the arbitration opinion way and to an extent, as it permits the

laws or regulations or of the contract of the State, where the statement is applied.



Article 6



This Convention shall apply only to the judge's remarks, which were released after the


When the Protocol came into effect on arbitration clauses, landed in Geneva

from 24. September 1923.



Article 7



This Convention, which was unloaded for signature by all States which have signed the

The Protocol of 1923 on arbitration clauses, shall be ratified.



However, it will be able to be ratified only on behalf of those members of society

Nations and those States non-members that have ratified-the Protocol of

1923.



The instruments of ratification will be deposited as soon as possible with the

Secretary of the League of Nations.



Article 8



This Convention shall take effect three months after it has been ratified by

on behalf of the two High Contracting Parties. For any other party

shall take effect three months after the deposit of its ratification with the

Secretary of the League of Nations.



Article 9



This Convention may be denounced on behalf of each Member of the League of Nations

or on behalf of each Member State. Notice will be given in writing to the

The General Secretary of the League of Nations, which shall immediately send

a certified copy of such notification to all the other Contracting Parties, uveda

the date on which it is received.



Notice of termination will have effect only in respect of the High Contracting Party which it

and it gave the year after, when there has been General Secretary of the

The League Of Nations.



Notice of termination of the Protocol on arbitration clauses will have myself then

denunciation of this Convention.



Article 10



The effectiveness of this Convention does not apply of course to the settlements, protectorates

or territory under the sovereignty or the mandate of some of the High Contracting

Party.



Extensions to one or several of these settlements, territories or protectorates,

to which the Protocol on arbitration clauses laid out in Geneva from 24.

September 1923, can be done at any time, by a declaration addressed to the

The General Secretary of the League of Nations either High Contracting

Party.



This declaration shall take effect three months after its deposit.



The High Contracting Parties may at any time denounce the Convention for all

their settlements, protectorates or territories above or behind some of the

them. Article 9 shall apply to this notice.



Article 11



A certified copy of this Convention shall be sent to the General Secretary of the company

Nations, each Member of the League of Nations and any State-nečlenu,

who signed the said Convention.



On the conscience of the top putting assignees have signed this Convention.



Done at Geneva, this twenty-sixth year one thousand devítistého

the 27th in a single copy, of which the English and French

the text is equally authentic and which shall be deposited in the archives of the company

Nations.



Germany



Dr. Adolf Müller



Austria



E. Pflügl



Belgium



Belgium retains the discretion to limit the commitment assumed by the article first

the contract, which is believed to be its national law for business.



J. Brunet



Bolivia



For Bolivia, subject to constitutional approval.



A. Costa du Referenced



A. Cortadellas



United Kingdom and Northern Ireland



as well as all parts of the British Empire which are not particularly members

The League Of Nations.



Austen Chamberlain



New Zealand



D. J. Parr



Including Western Samoa



C J. P.



Denmark



Under Danish law, arbitration awards issued by the arbitral tribunal are not

vykonatelny immediately, but in any case it is necessary to apply for

the purpose of their enforcement in the ordinary courts. In the proceedings before them,

the courts of arbitration verdict will, however, generally accepted without further examination for

the basis for the final judgment in the matter. Subject to ratification.



A. Oldenburg



free city of Danzig



F. Sokal



Spain



Mauricio Lopez, Roberts,



The Marquis de la Torrehermosa



Estonia



Estonian Government reserves the discretion to limit the commitment assumed by the article

the first contract, which is believed to be its national law for the

business.



A. Schmidt



Finland



Rudolf Holsti



France



The French Government reserves the discretion to limit the commitment assumed by the article

the first contract, which is believed to be its national law for the

business.



Aristide Briand



Greece



The Greek Government reserves the discretion to limit the commitment assumed by the article first

the contract, which is believed to be its national law for business.



R Raphael



Italy



Vittorio Scialoja



Luxembourg



Luxembourg retains the discretion to limit the commitment assumed by the article first

the contract, which is believed to be its national law for business.



Bech



Nicaragua



T. F. Medina



Netherlands



Beelaerts van Blokland



Peru



M. H. Cornejo



Portugal



1. the Portuguese Government reserves the discretion to limit the commitment assumed by the

Article on the Treaty for the first time that its national law are declared

business.



2. the Portuguese Government declares that within the meaning of article 10 of this Convention,

does not apply to its colony.



And s. Ferraz de Andrade



Romania



The Romanian Government reserves the discretion to limit the commitment assumed by the article

the first contract, which is believed to be its national law for the

business.



C. Antoniade



Siam



Varnvaidya



Sweden



K. I. Westman



Switzerland



Motta



Czechoslovakia



Signed this Convention, declare that the Czechoslovak Republic does not want to

touch the bilateral agreements concluded and which provide for

the questions concerned by this Convention, in excess of its provisions.



Zd. Fierlinger



Prozkoumavše endorsement of this Convention, and we confirm it.



The conscience we have signed this sheet and the seal of the Republic

The Czechoslovak přitisknouti dali.



In Bystřičce, on 31 March 2004. August 30th devítistého the first one thousand years.



The President of the Republic:



T. g. Masaryk in r.



Minister of Foreign Affairs:



Dr. Edvard Beneš in r.



Is announced, adding that the ratification instrument in the Czech Republic

was stored in the Secretariat of the League of Nations on 18 July 2005. September 1931, so

The Convention takes the international scope of the Czechoslovak Republic day

December 18, 1931.



They are bound by this Convention: Belgium, the Belgian Congo and Ruanda-Urundi,

The British Empire, in terms of Great Britain and Northern Ireland, and in the Bahamas,

British Guiana, British Honduras, the Falkland Islands, Gibraltar,

Gold Coast, Jamaica (including the archipelago of Turks and Caicos, Cayman)

Kenya, Uganda, Tanganyiku, Windward Islands (Grenada, St. Lucia, St.

Vincent), Mauritius, North Rhodézii, Zanzibar, new Foundland and

on behalf of Palestýny (excluding Transjordan), Denmark, Estonia, Finland,

France, Italy, Luxembourg, Germany, Netherlands (only for European

the territory), Portugal, Austria, Romania, Siam, Spain, Sweden,

Switzerland, New Zealand (including Western Samoa).



Dr. Edvard Beneš in r.

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