74/1959 Sb.



DECREE



Minister of Foreign Affairs



of 6 May 1999. November 1959 on the Convention on the recognition and enforcement of foreign arbitral

findings



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

1959.



Czech translation of the Convention is published in the Annex of the laws.



David v. r.



XIII.



CONVENTION



on the recognition and enforcement of foreign arbitral awards done 10. June 1958

New York City



Article. (I)



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.



Article II



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

proceedings.



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

or telegrams.



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.



Article. (III)



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).



Article IV



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.



Article. In



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.



Čl.VI



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.



Article. (VII)



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

applied.



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.



Article. (VIII)



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.



Article. (IX)



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.



Article. X



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.



Article. XI



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

Federal;



(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

or provinces;




(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.



Article. (XII)



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.



Article. XIII



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.



Article. XIV



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.



Article. XV



The Secretary-General of the United Nations shall notify the States referred to in

article. (VIII):



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.



Article. XVI



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.