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RS 0.277.12 Convention of 10 June 1958 for the Recognition and Enforcement of Foreign Arbitral Awards

Original Language Title: RS 0.277.12 Convention du 10 juin 1958 pour la reconnaissance et l’exécution des sentences arbitrales étrangères

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0.277.12

Original text

Convention for the Recognition and Enforcement of Foreign Arbitral Awards

Conclue in New York on 10 June 1958
Approved by the Federal Assembly on March 2, 1965 1
Instrument of ratification deposited by Switzerland on 1 Er June 1965
Entry into force for Switzerland on 30 August 1965

(State on 19 February 2015)

Art. I

(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.

Art. II

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.

Art. III

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.

Art. IV

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:

A.
The duly authenticated original of the award or a copy of that original meeting the requirements for its authenticity;
B.
The original of the Convention referred to in Article II, or a copy of the requirements for its authenticity.

(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.

Art. V

(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:

A.
That the parties to the Convention referred to in Article II were, by virtue of the law applicable to them, subject to an incapacity, or that the Convention is not valid under the law to which the parties have subordinated it or, failing that An indication in this respect, under the law of the country in which the award was made; or
B.
That the party against whom the award is invoked has not been duly informed of the appointment of the arbitrator or arbitration procedure, or that it has been unable, for any other reason, to assert its means; or
C.
Whether the award relates to a dispute not covered by the compromise or does not fall within the expectations of the arbitration clause, or contains decisions that go beyond the terms of the compromise or the arbitration clause; Provisions of the award relating to matters referred to arbitration may be dissociated from those relating to matters not subject to arbitration, the former may be recognized and enforced; or
D.
That the constitution of the arbitral tribunal or arbitration procedure has not been in conformity with the Convention of the Parties, or, in the absence of an agreement, that it has not been in conformity with the law of the country where the arbitration took place; or
E.
That the award has not yet become binding on the parties or has been cancelled or suspended by a competent authority of the country in which, or according to the law of which the award has been made.

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:

A.
That, according to the law of these countries, the subject matter of the dispute is not likely to be settled by arbitration; or
B.
That the recognition or enforcement of the sentence would be contrary to the public order of that country.
Art. VI

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.

Art. VII

(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 ]

Art. VIII

(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.


Art. IX

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.

Art. X

(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.

Art. XI

The following provisions shall apply to federal or non-unitary states:

A.
With respect to the articles of this Convention which fall within the legislative competence of the Federal Government, the obligations of the Federal Government shall be the same as those of the Contracting States which are not of the Federal States;
B.
With regard to the articles of this Convention which fall within the legislative competence of each of the constituent states or provinces, which are not, by virtue of the constitutional system of the Federation, required to take measures The federal government will, with its favourable opinion, bear the said articles to the knowledge of the competent authorities of the constituent states or provinces as soon as possible;
C.
A federative State party to this Convention shall, at the request of any other Contracting State which has been transmitted to it through the Secretary-General of the United Nations, communicate a statement of the laws and Practices in force in the federation and its constituent units, in respect of any provision of the Convention, indicating the extent to which the effect has been given, through legislative or other action, to that provision.
Art. XII

(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.

Art. XIII

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.

Art. XIV

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.

Art. XV

The Secretary-General of the United Nations shall notify all States referred to in Article VIII:

A.
The signatures and ratifications referred to in Article VIII;
B.
The accessions referred to in Article IX;
C.
The declarations and notifications referred to in Articles 1, X and XI;
D.
The date on which this Convention enters into force, pursuant to Article XII;
E.
The denunciations and notifications referred to in Article XIII.
Art. XVI

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)

Scope of application February 19, 2015 2

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

Hong Kong

6 June

1997

1 Er July

1997

Macao

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

Greenland

12 November

1975 A

10 February

1976

Faroe Islands

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

All territories for which the United States has international relations

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

All the territories of the French Republic

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

Curaçao

24 April

1964

July 23

1964

Caribbean (Bonaire, Sint Eustatius and Saba)

24 April

1964

July 23

1964

Sint Maarten

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

Bermuda

14 November

1979 A

12 February

1980

Gibraltar

24 September

1975 A

December 23

1975

Guernsey

19 April

1985 A

18 July

1985

Isle of Man

22 February

1979 A

23 May

1979

Cayman Islands

26 November

1980 A

24 February

1981

Jersey

28 May

2002

28 May

2002

British Virgin Islands

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 and declarations.
**
Objections.

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.


RO 1965 799; FF 1964 II 625


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).


Status on February 19, 2015