Key Benefits:
Original text
(State on 19 February 2015)
(1) This Convention shall apply to the recognition and enforcement of arbitral awards in the territory of a State other than that in which the recognition and enforcement of awards are sought, and arising from disputes between Natural or legal persons. It also applies to arbitral awards which are not considered to be national awards in the State in which recognition and enforcement are sought.
2. "Arbitral awards" means not only awards made by arbitrators appointed for specified cases, but also awards made by permanent arbitration bodies to which the parties have referred.
3. At the time of signing or ratifying this Convention, to accede to or to make the notification of extension provided for in Article X, any State may, on the basis of reciprocity, declare that it will apply the Convention to recognition and to The execution of the only sentences handed down in the territory of another Contracting State. It may also declare that it will apply the Convention only to disputes arising from legal, contractual or non-contractual relations, which are considered to be commercial by its national law.
1. Each Contracting State shall recognize the written agreement by which the parties are obliged to submit to arbitration all disputes or disputes that have raised or may arise between them in respect of a report of A specified right, whether contractual or non-contractual, relating to an issue that may be settled by arbitration.
2. "Written agreement" means an arbitration clause inserted in a contract, or a compromise, signed by the parties or contained in an exchange of letters or telegrams.
(3) The court of a Contracting State, having before it a dispute in respect of a matter in respect of which the parties have concluded an agreement within the meaning of this Article, shall refer the parties to the arbitration, at the request of one of them, unless it finds that That the said Convention lapses, inoperative or not capable of being applied.
Each of the Contracting States shall recognize the authority of an arbitral award and grant the execution of that award in accordance with the rules of procedure followed in the territory where the award is invoked, under the conditions set out in the articles Following. It shall not be imposed, for the recognition or enforcement of arbitral awards to which this Convention applies, substantially more stringent conditions or substantially higher costs of justice than those imposed For the recognition or enforcement of national arbitral awards.
1. To obtain recognition and enforcement referred to in the foregoing Article, the party requesting recognition and enforcement shall provide, at the same time as the application:
(2) If the said award or agreement is not in an official language of the country where the award is invoked, the party seeking recognition and enforcement of the award shall have to produce a translation of those documents in that country. Language. The translation will have to be certified by an official translator or a sworn translator or by a diplomatic or consular official.
(1) Recognition and enforcement of the award shall not be refused, at the request of the party against whom it is invoked, unless that party provides the competent authority of the country where the recognition and enforcement are sought:
2. Recognition and enforcement of an arbitral award may also be refused if the competent authority of the country in which recognition and enforcement is required finds:
If the cancellation or suspension of the award is requested from the competent authority referred to in Article V, paragraph 1 E , the authority before whom the award is invoked may, if it considers it appropriate, stay the proceedings on the execution of the award; it may also, at the request of the party requesting the enforcement of the award, order the other party to provide Appropriate security.
(1) The provisions of this Convention shall not affect the validity of the multilateral or bilateral agreements concluded by the Contracting States in respect of the recognition and enforcement of arbitral awards and shall not deprive any party Interested in the right that it may have to avail itself of an arbitral award in the manner and to the extent permitted by the legislation or treaties of the country where the award is invoked.
2. The 1923 Geneva Protocol 1 Concerning arbitration clauses and the Geneva Convention of 1927 2 For the execution of foreign arbitral awards shall cease to have effect between the Contracting States of the day and to the extent that they become bound by this Convention.
1 RS 0.277.11
2 [RO 46 704, 2005 1513. RO 2009 4239 ]
(1) This Convention shall be open until 31 December 1958 at the signature of any Member State of the United Nations, as well as of any other State which is, or subsequently becomes, a member of one or more specialized agencies of the United Nations or Party to the Statute of the International Court of Justice 1 , or has been invited by the General Assembly of the United Nations.
2. This Convention shall be ratified and the instruments of ratification deposited with the Secretary-General of the United Nations.
1. All States referred to in Article VIII may accede to this Convention.
(2) Accession shall be made by the deposit of an instrument of accession with the Secretary-General of the United Nations.
(1) Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all the territories it represents on the international level, or to one or more of them. This declaration will have effect at the time of entry into force of the Convention for that State.
2. Thereafter, any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall have effect from the ninetieth day after the date on which the Secretary-General Of the United Nations shall have received the notification, or on the date of entry into force of the Convention for that State, if the latter date is later than that date.
3. With regard to the territories to which this Convention does not apply on the date of signature, ratification or accession, each State concerned shall examine the possibility of taking appropriate measures to extend the Convention in those Territories, subject to such constitutional grounds as may be required, by the consent of the Governments of those Territories.
The following provisions shall apply to federal or non-unitary states:
(1) This Convention shall enter into force on the ninetieth day after the date of the deposit of the third instrument of ratification or accession.
(2) For each State ratifying or acceding to the Convention after the deposit of the third instrument of ratification or accession, it shall enter into force on the ninetieth day after the date of the deposit by that State of its instrument of Ratification or accession.
1. Any Contracting State may denounce this Convention by written notification addressed to the Secretary-General of the United Nations. The denunciation shall take effect one year after the date on which the Secretary-General of the United Nations receives the notification.
2. Any State which has made a declaration or a notification in accordance with Article X may subsequently notify the Secretary-General of the United Nations that the Convention shall cease to apply to the territory in question one year After the date on which the Secretary-General has received such notification.
(3) This Convention shall remain applicable to arbitral awards in respect of which a recognition or enforcement procedure has been commenced before the coming into force of the denunciation.
A Contracting State may rely on the provisions of this Convention against other Contracting States only to the extent that it is itself bound to apply the Convention.
The Secretary-General of the United Nations shall notify all States referred to in Article VIII:
1. This Convention, of which the English, Chinese, Spanish, French and Russian texts are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall furnish a certified copy of this Convention to the States referred to in Article VIII.
(Suivent signatures)
States Parties |
Ratification Accession (A) Statement of Succession (S) |
Entry into force |
||
Afghanistan * |
30 November |
2004 A |
28 February |
2005 |
South Africa |
3 May |
1976 A |
1 Er August |
1976 |
Albania |
27 June |
2001 A |
September 25 |
2001 |
Algeria * |
7 February |
1989 A |
8 May |
1989 |
Germany * ** |
30 June |
1961 |
28 September |
1961 |
Antigua and Barbuda * |
2 February |
1989 A |
3 May |
1989 |
Saudi Arabia * |
19 April |
1994 A |
18 July |
1994 |
Argentina * |
March 14 |
1989 |
12 June |
1989 |
Armenia * |
29 December |
1997 A |
March 29 |
1998 |
Australia |
26 March |
1975 A |
24 June |
1975 |
Austria |
2 May |
1961 A |
July 31 |
1961 |
Azerbaijan |
29 February |
2000 A |
29 May |
2000 |
Bahamas |
20 December |
2006 A |
20 March |
2007 |
Bahrain * |
April 6 |
1988 A |
July 5 |
1988 |
Bangladesh |
6 May |
1992 A |
August 4 |
1992 |
Barbados * |
March 16 |
1993 A |
14 June |
1993 |
Belarus * |
15 November |
1960 |
13 February |
1961 |
Belgium * |
August 18 |
1975 |
16 November |
1975 |
Benin |
May 16 |
1974 A |
August 14 |
1974 |
Bolivia |
28 April |
1995 A |
27 July |
1995 |
Bosnia and Herzegovina * |
1 Er September |
1993 S |
6 March |
1992 |
Botswana * |
20 December |
1971 A |
19 March |
1972 |
Bhutan * |
September 25 |
2014 A |
24 December |
2014 |
Brazil |
7 June |
2002 A |
September 5 |
2002 |
Brunei * |
July 25 |
1996 A |
23 October |
1996 |
Bulgaria * |
10 October |
1961 |
8 January |
1962 |
Burkina Faso |
23 March |
1987 A |
21 June |
1987 |
Burundi * |
23 June |
2014 A |
21 September |
2014 |
Cambodia |
5 January |
1960 A |
April 4 |
1960 |
Cameroon |
19 February |
1988 A |
19 May |
1988 |
Canada * |
12 May |
1986 A |
10 August |
1986 |
Chile |
4 September |
1975 A |
3 December |
1975 |
China * |
22 January |
1987 A |
22 April |
1987 |
|
6 June |
1997 |
1 Er July |
1997 |
|
19 July |
2005 |
19 July |
2005 |
Cyprus * |
29 December |
1980 A |
March 29 |
1981 |
Colombia |
September 25 |
1979 A |
24 December |
1979 |
Congo, Kinshasa |
5 November |
2014 A |
3 February |
2015 |
Korea (South) * |
February 8 |
1973 A |
9 May |
1973 |
Costa Rica |
26 October |
1987 |
24 January |
1988 |
Côte d' Ivoire |
1 Er February |
1991 A |
2 May |
1991 |
Croatia |
26 July |
1993 S |
8 October |
1991 |
Cuba * |
December 30 |
1974 A |
30 March |
1975 |
Denmark * |
22 December |
1972 A |
22 March |
1973 |
|
12 November |
1975 A |
10 February |
1976 |
|
12 November |
1975 A |
10 February |
1976 |
Djibouti |
14 June |
1983 S |
27 June |
1977 |
Dominica |
28 October |
1988 A |
26 January |
1989 |
Egypt |
March 9 |
1959 A |
7 June |
1959 |
El Salvador |
26 February |
1998 |
27 May |
1998 |
United Arab Emirates |
August 21 |
2006 A |
19 November |
2006 |
Ecuador * |
3 January |
1962 |
3 April |
1962 |
Spain |
12 May |
1977 A |
10 August |
1977 |
Estonia |
August 30 |
1993 A |
28 November |
1993 |
United States * |
September 30 |
1970 A |
29 December |
1970 |
|
3 November |
1970 A |
1 Er February |
1971 |
Fiji |
27 September |
2010 A |
26 December |
2010 |
Cook Islands |
12 January |
2009 A |
12 April |
2009 |
Finland |
19 January |
1962 |
19 April |
1962 |
France * |
26 June |
1959 |
24 September |
1959 |
|
26 June |
1959 |
24 September |
1959 |
Gabon |
15 December |
2006 A |
15 March |
2007 |
Georgia |
2 June |
1994 A |
August 31 |
1994 |
Ghana |
April 9 |
1968 A |
July 8 |
1968 |
Greece * |
July 16 |
1962 A |
14 October |
1962 |
Guatemala * |
21 March |
1984 A |
19 June |
1984 |
Guinea |
23 January |
1991 A |
April 23 |
1991 |
Guyana |
September 25 |
2014 A |
24 December |
2014 |
Haiti |
5 December |
1983 A |
March 4 |
1984 |
Honduras |
3 October |
2000 A |
1 Er January |
2001 |
Hungary * |
March 5 |
1962 A |
3 June |
1962 |
Marshall Islands |
21 December |
2006 A |
21 March |
2007 |
India * |
July 13 |
1960 |
11 October |
1960 |
Indonesia * |
7 October |
1981 A |
5 January |
1982 |
Iran * |
15 October |
2001 A |
13 January |
2002 |
Ireland * |
12 May |
1981 A |
10 August |
1981 |
Iceland |
24 January |
2002 A |
24 April |
2002 |
Israel * |
5 January |
1959 |
7 June |
1959 |
Italy |
31 January |
1969 A |
1 Er May |
1969 |
Jamaica * |
10 July |
2002 A |
8 October |
2002 |
Japan * |
20 June |
1961 A |
18 September |
1961 |
Jordan * |
15 November |
1979 |
13 February |
1980 |
Kazakhstan |
20 November |
1995 A |
18 February |
1996 |
Kenya * |
10 February |
1989 A |
11 May |
1989 |
Kyrgyzstan |
18 December |
1996 A |
18 March |
1997 |
Kuwait * |
28 April |
1978 A |
27 July |
1978 |
Laos |
17 June |
1998 A |
September 15 |
1998 |
Lesotho |
13 June |
1989 A |
11 September |
1989 |
Latvia |
April 14 |
1992 A |
July 13 |
1992 |
Lebanon * |
August 11 |
1998 A |
9 November |
1998 |
Liberia |
16 September |
2005 A |
15 December |
2005 |
Liechtenstein * |
7 July |
2011 A |
5 October |
2011 |
Lithuania * |
March 14 |
1995 A |
12 June |
1995 |
Luxembourg * |
9 September |
1983 |
8 December |
1983 |
Macedonia |
10 March |
1994 S |
17 November |
1991 |
Madagascar * |
July 16 |
1962 A |
14 October |
1962 |
Malaysia * |
5 November |
1985 A |
3 February |
1986 |
Mali |
8 September |
1994 A |
7 December |
1994 |
Malta * |
22 June |
2000 A |
September 20 |
2000 |
Morocco * |
12 February |
1959 A |
7 June |
1959 |
Mauritius * |
19 June |
1996 A |
September 17 |
1996 |
Mauritania |
30 January |
1997 A |
April 30 |
1997 |
Mexico |
April 14 |
1971 A |
July 13 |
1971 |
Moldova * |
18 September |
1998 A |
17 December |
1998 |
Monaco * |
2 June |
1982 |
August 31 |
1982 |
Mongolia * |
24 October |
1994 A |
22 January |
1995 |
Montenegro * |
23 October |
2006 S |
3 June |
2006 |
Mozambique * |
11 June |
1998 A |
9 September |
1998 |
Myanmar |
April 16 |
2013 A |
July 15 |
2013 |
Nepal * |
March 4 |
1998 A |
2 June |
1998 |
Nicaragua |
24 September |
2003 A |
December 23 |
2003 |
Niger |
14 October |
1964 A |
12 January |
1965 |
Nigeria * |
March 17 |
1970 A |
15 June |
1970 |
Norway * |
March 14 |
1961 A |
12 June |
1961 |
New Zealand * |
6 January |
1983 A |
April 6 |
1983 |
Oman |
25 February |
1999 A |
26 May |
1999 |
Uganda * |
12 February |
1992 A |
12 May |
1992 |
Uzbekistan |
7 February |
1996 A |
7 May |
1996 |
Pakistan * |
July 14 |
2005 |
12 October |
2005 |
Palestine |
2 January |
2015 A |
2 April |
2015 |
Panama |
10 October |
1984 A |
8 January |
1985 |
Paraguay |
8 October |
1997 A |
6 January |
1998 |
Netherlands * |
24 April |
1964 |
July 23 |
1964 |
|
24 April |
1964 |
July 23 |
1964 |
|
24 April |
1964 |
July 23 |
1964 |
|
24 April |
1964 |
July 23 |
1964 |
Peru |
7 July |
1988 A |
5 October |
1988 |
Philippines * |
July 6 |
1967 |
4 October |
1967 |
Poland * |
3 October |
1961 |
1 Er January |
1962 |
Portugal * |
18 October |
1994 A |
16 January |
1995 |
Qatar |
December 30 |
2002 A |
30 March |
2003 |
Central African Republic * |
15 October |
1962 A |
13 January |
1963 |
Dominican Republic |
April 11 |
2002 A |
10 July |
2002 |
Czech Republic |
September 30 |
1993 S |
1 Er January |
1993 |
Romania * |
13 September |
1961 A |
12 December |
1961 |
United Kingdom * |
24 September |
1975 A |
December 23 |
1975 |
|
14 November |
1979 A |
12 February |
1980 |
|
24 September |
1975 A |
December 23 |
1975 |
|
19 April |
1985 A |
18 July |
1985 |
|
22 February |
1979 A |
23 May |
1979 |
|
26 November |
1980 A |
24 February |
1981 |
|
28 May |
2002 |
28 May |
2002 |
|
24 February |
2014 |
25 May |
2014 |
Rwanda |
October 31 |
2008 A |
29 January |
2009 |
Russia * |
August 24 |
1960 |
22 November |
1960 |
San Marino |
17 May |
1979 A |
August 15 |
1979 |
Holy See * |
14 May |
1975 A |
August 12 |
1975 |
Saint Vincent and the Grenadines * |
12 September |
2000 A |
11 December |
2000 |
Sao Tome and Principe |
20 November |
2012 A |
18 February |
2013 |
Senegal |
17 October |
1994 A |
15 January |
1995 |
Serbia * |
12 March |
2001 S |
April 27 |
1992 |
Singapore * |
August 21 |
1986 A |
19 November |
1986 |
Slovakia * |
28 May |
1993 S |
1 Er January |
1993 |
Slovenia |
July 6 |
1992 S |
25 June |
1991 |
Sri Lanka |
April 9 |
1962 |
July 8 |
1962 |
Sweden |
28 January |
1972 |
April 27 |
1972 |
Switzerland |
1 Er June |
1965 |
August 30 |
1965 |
Syria |
March 9 |
1959 A |
7 June |
1959 |
Tajikistan * |
August 14 |
2012 A |
12 November |
2012 |
Tanzania * |
13 October |
1964 A |
11 January |
1965 |
Thailand |
21 December |
1959 A |
20 March |
1960 |
Trinidad and Tobago * |
February 14 |
1966 A |
15 May |
1966 |
Tunisia * |
17 July |
1967 A |
15 October |
1967 |
Turkey * |
July 2 |
1992 A |
September 30 |
1992 |
Ukraine * |
10 October |
1960 |
8 January |
1961 |
Uruguay |
30 March |
1983 A |
28 June |
1983 |
Venezuela * |
February 8 |
1995 A |
9 May |
1995 |
Vietnam * |
12 September |
1995 A |
11 December |
1995 |
Zambia |
March 14 |
2002 A |
12 June |
2002 |
Zimbabwe |
29 September |
1994 A |
28 December |
1994 |
Reservations, declarations and objections are not published in the RO. The texts in English and French can be found at the United Nations Internet site: http://treaties.un.org or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne. |
1 RO 1965 797
2 This publication supplements the information on the OR 1976 617, 1977 151, 1978 71, 1979 720, 1980 377, 1982 258 1940, 1983 1192, 1984 309, 1985 173, 1986 337, 1987 712, 1988 2072, 1990 716, 1993 2439, 2004 3889, 2007 13, 2008 4053, 2011 875, 2013 1479, 2015 751. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).