Minister of Foreign Affairs
of 6 May 1999. November 1959 on the Convention on the recognition and enforcement of foreign arbitral
At the United Nations Conference on international commercial
arbitration was on 10. June 1958 in New York signed the Convention on the
recognition and enforcement of foreign arbitral awards.
The Government has approved the Convention on 17. September 1958, and the National Assembly
with the Convention have expressed their consent 13. December 1958. President of the Republic
The Convention was ratified by 27 June. April 1959.
According to article XII of the Convention shall enter into force the ninetieth day after the
Save the instrument of ratification with the Secretary-General of the Organization
of the United Nations.
For the Czechoslovak Republic, the Convention came into effect on the date 10. October
Czech translation of the Convention is published in the Annex of the laws.
David v. r.
on the recognition and enforcement of foreign arbitral awards done 10. June 1958
New York City
1. this Convention shall apply to the recognition and enforcement of arbitral awards,
arising from disputes between natural or legal persons, and
issued on the territory of a State other than that in which the application is made for their
recognition and enforcement. The Convention also applies to arbitral awards which
are not considered the findings of the local (national) in the State in which the application is made
their recognition and enforcement.
2. the term "award" includes not only the findings issued by the arbitrator
established for each individual case, but also the findings issued by the Permanent
arbitrators that parties submit to inspections.
3. Any State may, when signing, ratification or accession to this Convention,
or when reports of its use pursuant to article expansion. X, declare
on the basis of reciprocity, apply the Convention only to recognition and enforcement
findings issued on the territory of another Contracting State. You may also declare,
they will use the Convention only to disputes arising from the legal relationships
contractual or non-contractual, which are thought to be in his
the national legal order of commercial disputes.
1. each Contracting State shall recognize an agreement in writing under which the parties
undertake to submit to arbitration all or certain disputes which
among them have arisen or may arise from a particular legal relationship or
non-contractual, concerning a matter that may be dealt with through arbitration
2. the term "agreement" includes an arbitration clause in the contract or
a special agreement, signed by the parties or contained in an exchange of letters
3. the Court of the Contracting State in which the action is brought in a matter of
which the parties have concluded an agreement within the meaning of this article, the parties will refer to the
arbitration to the request of one of them, unless it finds that the
the agreement is invalid, ineffective or unsuitable for use.
Each Contracting State shall recognize arbitral award binding and enables its performance
According to the rules of procedure, which applies in the territory where the award is applied,
under the conditions laid down in the following articles. For the recognition and enforcement of
arbitration awards, which are covered by the Convention, will not be established
significantly more burdensome conditions or higher court fees than are
established for the recognition and enforcement of arbitral awards local (national).
1. In order to achieve the recognition and enforcement mentioned in the preceding article,
the party applying for recognition and enforcement, submit together with the application:
and the original of the award), duly stamped, or a duly certified copy of it;
(b) the original of the agreement) referred to in article 14(2). II or a duly certified copy of it.
2. If the said award or agreement drawn up in the official language of the
the country in which the award is applied, it is the party who asks for the
recognition and enforcement of the award, required to submit a translation of that evidence into
This language. Translation shall be certified by the official or sworn
an interpreter or a diplomatic or consular representative.
1. recognition and enforcement of the award may be refused at the request of the party against whom
is finding applied only when that party demonstrates to the competent
authority of the country in which recognition is sought and the performance of:
and that the parties to the agreement) referred to in article 14(2). (II) according to the Act, which apply to them
covers, unfit for an act or the said agreement is not valid
under the law, to which the parties to this agreement submit to inspections, or, in lack of
reference in this respect, according to the law of the country where the award was issued; or
(b)) that the party against whom the award is applied, has not been properly informed of the
appointment of an arbitrator or of the arbitral proceedings or unable from any
other reasons to apply their requirements; or
(c)) that the award applies to dispute, for which the arbitration agreement has been concluded
or that is not within the limits of the arbitration, or the award contains
beyond the reach of the Convention for the decision the arbitrator or the arbitration clause;
However, if they can be part of the award in cases subject to
arbitration separated from part of the finding, acting on matters that
are not subjected to him, that part of the award which contains decisions on matters of
subject to arbitration may be recognized and enforced; or
(d)) that the composition of the arbitration tribunal or the arbitration procedure was not in accordance with the
agreement of the parties, or failing such agreement, was not in accordance
with the laws of the country where the arbitration took place; or
(e) the award has not yet) does not become binding on the parties or has been canceled or that
its performance has been postponed by the competent authority of the country in which, or under the
whose legal order was issued.
2. Recognition and enforcement of the award may also be refused if the
the competent authority of the country where recognition is sought and the performance, finds:
and that the subject of the dispute) cannot be the subject of arbitration under the law of
This country; or
(b)) that the recognition or enforcement of the award would be contrary to public policy
of this country.
If a request was made for the cancellation or postponement of enforcement of the award in
the competent authority referred to in article 14(2). In paragraph 1(b). 1 (b). (e)), the Office with which the
is applied, you may find, if it considers it advisable to postpone the decision
on the enforcement of the award and may also, at the request of the party seeking the performance
the award, order the other side that has passed the reasonable assurance.
1. The provisions of this Convention shall not affect the validity of multilateral or
bilateral agreements concluded by the Contracting States concerning the recognition and enforcement of
arbitration awards, nor can they get rid of any interested party
any right of use of the arbitration award in the manner and to the extent
provided for under legislation or treaties of the country where you find
2. the Geneva Protocol of rozsudím clauses of 1923 and the Geneva
Convention on the enforcement of foreign arbitral sayings of 1927 shall cease to be
force between the Contracting States at the time and in the extent to which this
The Convention will become binding for them.
1. This Convention shall be open for signature until 31 December 2006. December 1958 for
any member of the United Nations, and also for any other
State which is or becomes a member of a professional organization
The United Nations or which has acceded or later
shall accede to the Statute of the International Court of Justice, or that the
gets the invitation from 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.
1. accession to this Convention to all States referred to in article 14(2). VIII.
2. Access shall be effected by depositing the instrument of accession with the
Secretary-General of the United Nations.
1. each State may at the time of signature, ratification or accession declare
that this Convention will apply to all or any of the territories for
whose international relations it is responsible. Such a declaration shall take
efficiency, as soon as the Convention enters into force.
2. any such extension shall be made (i) at any time by notifying the
addressed to the Secretary-General of the United Nations and
the ninetieth day will enter into force after it has been the
the Secretary-General of the United Nations of this notification, or in
day on which the Convention enters into force for the State concerned, whichever is the
which day is the later.
3. in respect of the territory to which this Convention does not apply at the time of signature,
ratification or accession, each State concerned shall examine the possibility
take steps to extend the validity of the Convention on the
such territory, provided that, where the constitutional provisions so require, with a
the consent of the Governments of these countries.
In the case of a federal or a lack of consistency, the following
the provisions of:
a) with regard to the articles of this Convention, the implementation of which comes under the
legislative powers of the federal authorities, the Federal Government will be bound by the
in the same range as those Contracting States that are not States
(b)) with regard to the articles of this Convention that fall under legislative
the power of partial States or provinces that do not have under the Federal
the Constitution obliged to do legislative measures, the Federal Government what
soon as possible with a positive recommendation in these articles the relevant partial States
(c) a federal State) is a party to this Convention, shall, at the
the request of any other Contracting State, be filed through
the Secretary-General of the United Nations, information on the law and
the legal practice of the Federation and its component parts, concerning any
the provisions of this Convention and the indicating the extent to which these provisions
carried out legislative or other measures.
1. This Convention shall enter into force the ninetieth day after the date of deposit of
the third instrument of ratification or instrument of accession.
2. for each State which ratifies the Convention or accedes thereto after the
Save the third instrument of ratification or instrument of accession, it shall enter
The effectiveness of the Convention the ninetieth day after the deposit of its instrument of ratification,
or instrument of accession.
1. Any Contracting State may denounce this Convention by written notification to
the Secretary-General of the United Nations. The denunciation shall take
the effectiveness of one year after the day on which the notice was addressed to the Secretary-General.
2. Any State which has made a declaration or notification under article 88(3). X, you may
at any time thereafter, declare by notification to the Secretary-General of the Organization of the
the United Nations, the Convention shall cease to apply on the territory of the
one year after the date on which the Secretary-General receives such notice.
3. this Convention shall remain in force for the awards, which were
proceedings for recognition and enforcement before denunciation took effect.
Each Contracting State may rely on the provisions of the Convention against
to another Contracting State only to the extent that it is itself bound.
The Secretary-General of the United Nations shall notify the States referred to in
and the signatures and ratification) according to the provisions of article. (VIII);
b) accessions in accordance with provisions of article. (IX);
(c)) statement and communication according to art. I, X and XI;
(d)), the date on which this Convention enters into force in accordance with article 3(1). (XII);
(e)), and a notification pursuant to the provisions of article. XIII.
1. this Convention, of which the English, Chinese, French, Russian and Spanish
texts being equally authentic, shall be deposited in the archives of the Organization
of the United Nations.
2. the Secretary-General of the United Nations shall send a certified copy of the
This Convention to the States referred to in article 14(2). VIII.