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.
