Status- Table of contents Participants Declarations Notes Chapter XXII Next treaty  

1. Convention on the Recognition and Enforcement of Foreign Arbitral Awards

New York, 10 June 1958

 

Entry into force: 7 June 1959, in accordance with article XII.
Registration: 7 June 1959, No. 4739.
Status: Signatories: 24 ,Parties: 142.
Text: United Nations, Treaty Series, vol. 330, p. 3

Note: The Convention was prepared and opened for signature on 10 June 1958 by the United Nations Conference on International Commercial Arbitration, convened in accordance with resolution 604 (XXI)1 of the Economic and Social Council of the United Nations adopted on 3 May 1956. The Conference met at the Headquarters of the United Nations in New York from 20 May to 10 June 1958. For the text of the Final Act of this Conference, see United Nations, Treaty Series, vol. 330, p. 3.

 

 

PARTICIPANTS


Participant  Signature  Ratification, Accession (a), Succession (d) 
Afghanistan    30 Nov 2004 a 
Albania    27 Jun 2001 a 
Algeria    7 Feb 1989 a 
Antigua and Barbuda    2 Feb 1989 a 
Argentina  26 Aug 1958  14 Mar 1989 
Armenia    29 Dec 1997 a 
Australia    26 Mar 1975 a 
Austria    2 May 1961 a 
Azerbaijan    29 Feb 2000 a 
Bahamas    20 Dec 2006 a 
Bahrain    6 Apr 1988 a 
Bangladesh    6 May 1992 a 
Barbados    16 Mar 1993 a 
Belarus  29 Dec 1958  15 Nov 1960 
Belgium  10 Jun 1958  18 Aug 1975 
Benin    16 May 1974 a 
Bolivia    28 Apr 1995 a 
Bosnia and Herzegovina2    1 Sep 1993 d 
Botswana    20 Dec 1971 a 
Brazil    7 Jun 2002 a 
Brunei Darussalam    25 Jul 1996 a 
Bulgaria  17 Dec 1958  10 Oct 1961 
Burkina Faso    23 Mar 1987 a 
Cambodia    5 Jan 1960 a 
Cameroon    19 Feb 1988 a 
Canada    12 May 1986 a 
Central African Republic    15 Oct 1962 a 
Chile    4 Sep 1975 a 
China3    22 Jan 1987 a 
Colombia    25 Sep 1979 a 
Costa Rica  10 Jun 1958  26 Oct 1987 
Côte d'Ivoire    1 Feb 1991 a 
Croatia2    26 Jul 1993 d 
Cuba    30 Dec 1974 a 
Cyprus    29 Dec 1980 a 
Czech Republic4    30 Sep 1993 d 
Denmark    22 Dec 1972 a 
Djibouti    14 Jun 1983 d 
Dominica    28 Oct 1988 a 
Dominican Republic    11 Apr 2002 a 
Ecuador  17 Dec 1958  3 Jan 1962 
Egypt    9 Mar 1959 a 
El Salvador  10 Jun 1958  26 Feb 1998 
Estonia    30 Aug 1993 a 
Finland  29 Dec 1958  19 Jan 1962 
France  25 Nov 1958  26 Jun 1959 
Gabon    15 Dec 2006 a 
Georgia    2 Jun 1994 a 
Germany5,6  10 Jun 1958  30 Jun 1961 
Ghana    9 Apr 1968 a 
Greece    16 Jul 1962 a 
Guatemala    21 Mar 1984 a 
Guinea    23 Jan 1991 a 
Haiti    5 Dec 1983 a 
Holy See    14 May 1975 a 
Honduras    3 Oct 2000 a 
Hungary    5 Mar 1962 a 
Iceland    24 Jan 2002 a 
India  10 Jun 1958  13 Jul 1960 
Indonesia    7 Oct 1981 a 
Iran (Islamic Republic of)    15 Oct 2001 a 
Ireland    12 May 1981 a 
Israel  10 Jun 1958  5 Jan 1959 
Italy    31 Jan 1969 a 
Jamaica    10 Jul 2002 a 
Japan    20 Jun 1961 a 
Jordan  10 Jun 1958  15 Nov 1979 
Kazakhstan    20 Nov 1995 a 
Kenya    10 Feb 1989 a 
Kuwait    28 Apr 1978 a 
Kyrgyzstan    18 Dec 1996 a 
Lao People's Democratic Republic    17 Jun 1998 a 
Latvia    14 Apr 1992 a 
Lebanon    11 Aug 1998 a 
Lesotho    13 Jun 1989 a 
Liberia    16 Sep 2005 a 
Lithuania    14 Mar 1995 a 
Luxembourg  11 Nov 1958  9 Sep 1983 
Madagascar    16 Jul 1962 a 
Malaysia    5 Nov 1985 a 
Mali    8 Sep 1994 a 
Malta    22 Jun 2000 a 
Marshall Islands    21 Dec 2006 a 
Mauritania    30 Jan 1997 a 
Mauritius    19 Jun 1996 a 
Mexico    14 Apr 1971 a 
Moldova    18 Sep 1998 a 
Monaco  31 Dec 1958  2 Jun 1982 
Mongolia    24 Oct 1994 a 
Montenegro7    23 Oct 2006 d 
Morocco    12 Feb 1959 a 
Mozambique    11 Jun 1998 a 
Nepal    4 Mar 1998 a 
Netherlands  10 Jun 1958  24 Apr 1964 
New Zealand    6 Jan 1983 a 
Nicaragua    24 Sep 2003 a 
Niger    14 Oct 1964 a 
Nigeria    17 Mar 1970 a 
Norway    14 Mar 1961 a 
Oman    25 Feb 1999 a 
Pakistan  30 Dec 1958  14 Jul 2005 
Panama    10 Oct 1984 a 
Paraguay    8 Oct 1997 a 
Peru    7 Jul 1988 a 
Philippines  10 Jun 1958  6 Jul 1967 
Poland  10 Jun 1958  3 Oct 1961 
Portugal8    18 Oct 1994 a 
Qatar    30 Dec 2002 a 
Republic of Korea    8 Feb 1973 a 
Romania    13 Sep 1961 a 
Russian Federation  29 Dec 1958  24 Aug 1960 
Saint Vincent and the Grenadines    12 Sep 2000 a 
San Marino    17 May 1979 a 
Saudi Arabia    19 Apr 1994 a 
Senegal    17 Oct 1994 a 
Serbia2    12 Mar 2001 d 
Singapore    21 Aug 1986 a 
Slovakia4    28 May 1993 d 
Slovenia2    6 Jul 1992 d 
South Africa    3 May 1976 a 
Spain    12 May 1977 a 
Sri Lanka  30 Dec 1958  9 Apr 1962 
Sweden  23 Dec 1958  28 Jan 1972 
Switzerland  29 Dec 1958  1 Jun 1965 
Syrian Arab Republic9    9 Mar 1959 a 
Thailand    21 Dec 1959 a 
The Former Yugoslav Republic of Macedonia2    10 Mar 1994 d 
Trinidad and Tobago    14 Feb 1966 a 
Tunisia    17 Jul 1967 a 
Turkey    2 Jul 1992 a 
Uganda    12 Feb 1992 a 
Ukraine  29 Dec 1958  10 Oct 1960 
United Arab Emirates    21 Aug 2006 a 
United Kingdom of Great Britain and Northern Ireland    24 Sep 1975 a 
United Republic of Tanzania    13 Oct 1964 a 
United States of America    30 Sep 1970 a 
Uruguay    30 Mar 1983 a 
Uzbekistan    7 Feb 1996 a 
Venezuela (Bolivarian Republic of)    8 Feb 1995 a 
Viet Nam    12 Sep 1995 a 
Zambia    14 Mar 2002 a 
Zimbabwe    29 Sep 1994 a 
 

 

DECLARATIONS


Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, accession or succession.)

Afghanistan

Declaration:

"Afghanistan will apply the Convention only to : (i) recognition and enforcement of awards made in the territory of another Contracting State; and (ii) differences arising out of legal relationships whether contractual or not which are considered as commercial under the national law of Afghanistan."

Algeria

Declaration:

Referring to the possibility offered by article I, paragraph 3, of the Convention, the People's Democratic Republic of Algeria declares that it will apply the Convention, on the basis of re- ciprocity, to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State and only where such awards have been made with respect to differences arising out of legal relationships whether contractual or not, which are considered as commercial under Algerian law.

Antigua and Barbuda

Declarations:

"In accordance with article I, the Government of Antigua and Barbuda declares that it will apply the Convention on the basis of reciprocity only to the recognition and enforcement of awards made in the territory of another contracting state.

The Government of Antigua and Barbuda also declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are con- sidered as commercial under the laws of Antigua and Barbuda."

Argentina10

Upon signature:

Subject to the declaration contained in the Final Act.

Upon ratification:

On the basis of reciprocity, the Republic of Argentina will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State. It will also apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

The Convention will be interpreted in accordance with the principles and clauses of the National Constitution in force or those resulting from modification made by virtue of the Constitution.

Armenia

Declarations:

"1. The Republic of Armenia will apply the Convention only to recognition and enforcement of awards made in the territory of another Contracting State.

2. The Republic of Armenia will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of the Republic of Armenia."

Austria11

Bahrain12

"1. The accession by the State of Bahrain to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 shall in no way constitute recognition of Israel or be a cause for the establishment of any relations of any kind therewith.

"2. In accordance with article 1 (3) of the Convention, the State of Bahrain will apply the Convention, on the basis of reci- procity, to the recognition and enforcement of only those awards made in the territory of another Contracting State party to the Convention.

"3. In accordance with article 1 (3) of the Convention, the State of Bahrain will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State of Bahrain."

Barbados

Declaration:

" (i) In accordance with article 1 (3) of the Convention, the Government of Barbados declares that it will apply the Conven- tion on the basis of reciprocity to the recognition and enforcement of awards made only in the territory of another Contracting State.

(ii) The Government of Barbados will also apply the Con- vention only to differences arising out of legal relationships, whether contractual or not which are considered as commercial under the laws of Barbados."

Belarus

The Byelorussian Soviet Socialist Republic will apply the provisions of this Convention in respect to arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

Belgium

In accordance with article I, paragraph 3, the Government of the Kingdom of Belgium declares that it will apply the Conven- tion to the recognition and enforcement of arbitral awards made only in the territory of a Contracting State.

Bosnia and Herzegovina2

Declaration:

"The Convention will be applied to the Republic of Bosnia and Herzegovina only relating [to] those arbitral awards that have been brought after entering into force of the Convention.

The Republic of Bosnia and Herzegovina will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State.

The Republic of Bosnia and Herzegovina will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Republic of Bosnia and Herzegovina."

Botswana

"The Republic of Botswana will apply the Convention only to differences arising out of legal relationship, whether contrac- tual or not, which are considered commercial under Botswana law.

"The Republic of Botswana will apply the Convention to the Recognition and Enforcement of Awards made in the territory of another Contracting State."

Brunei Darussalam

Declaration:

"... Brunei Darussalam will on the basis of reciprocity apply the said Convention to the recognition and enforcement of only those awards which are made in the territory of another Contracting State."

Bulgaria

"Bulgaria will apply the Convention to recognition and en- forcement of awards made in the territory of another contracting State. With regard to awards made in the territory of non-con- tracting States it will apply the Convention only to the extent to which these States grant reciprocal treatment."

Canada13

20 October 1987

"The Government of Canada declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Canada, except in the case of the Province of Quebec where the law does not provide for such limitation."

Central African Republic

Referring to the possibility offered by paragraph 3 of arti- cle I of the Convention, the Central African Republic declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State; it further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

China

1. The People's Republic of China will apply the Conven- tion, only on the basis of reciprocity, to the recognition and en- forcement of arbitral awards made in the territory of another Contracting State;

2. The People's Republic of China will apply the Conven- tion only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the People's Republic of China.

Cuba

Cuba will apply the Convention to the recognition and en- forcement of arbitral awards made in the territory of another Contracting State. With respect to arbitral awards made by other non-contracting States it will apply the Convention only in so far as those States grant reciprocal treatment as established by mutual agreement between the parties. Moreover, it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under Cuban legislation.

Cyprus

"The Republic of Cyprus will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State; furthermore it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law."

Czech Republic4

Denmark

In accordance with the terms of article I, paragraph 3, [the Convention] shall have effect only as regards the recognition and enforcement of arbitral awards made by another Contracting State and [it] shall be valid only with respect to commercial relationships.

Ecuador

Ecuador, on a basis of reciprocity, will apply the Convention to the recognition and enforcement of arbitral awards made in the territory of another Contracting State only if such awards have been made with respect to differences arising out of legal relationships which are regarded as commercial under Ecuadorian law.

France14

Referring to the possibility offered by paragraph 3 of arti- cle I of the Convention, France declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State.

Referring to paragraphs 1 and 2 of article X of the Conven- tion, France declares that this Convention will extend to all the territories of the French Republic.

Germany5

,15

"With respect to paragraph 1 of article I, and in accordance with paragraph 3 of article I of the Convention, the Federal Re- public of Germany will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State."

Greece16

18 April 1980

The present Convention is approved on condition of the two limitations set forth in article I (3) of the Convention.

Guatemala

On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contract- ing State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Holy See

The State of Vatican City will apply the said Convention on the basis of reciprocity, on the one hand, to the recognition and enforcement of awards made only in the territory of another Contracting State, and on the other hand, only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under Vatican law.

Hungary

"The Hungarian People's Republic shall apply the Conven- tion to the recognition and enforcement of such awards only as have been made in the territory of one of the other Contracting States and are dealing with differences arising in respect of a legal relationship considered by the Hungarian law as a commercial relationship."

India

"In accordance with Article I of the Convention, the Gov-ernment of India declare that they will apply the Convention to the recognition and enforcement of awards made only in the territory of a State, party to this Convention. They further declare that they will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the law of India."

Indonesia

"Pursuant to the provision of article I (3) of the Convention, the Government of the Republic of Indonesia declares that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State, and that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Indonesian Law".

Iran (Islamic Republic of)

Declarations:

"(a) In accordance with article 1 (3) of the Convention, the Islamic Republic of Iran will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Islamic Republic of Iran;

(b) In accordance with article 1 (3) of the Convention, the Islamic Republic of Iran will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State Party to the Convention."

Ireland

"In accordance with article I (3) of the said Convention the Government of Ireland declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State".

Jamaica17

17 October 2003

Reservation:

"The Government of Jamaica, on the basis of Reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State, in accordance with article 1 (3).

The Government of Jamaica further declares that the Convention will only be applied to differences arising out of legal relationships, whether contractual or not, which are considered to be commercial under the national laws of Jamaica in accordance with article 1 (3) of the Convention."

Japan

"It will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State."

Jordan12

The Government of Jordan shall not be bound by any awards which are made by Israel or to which an Israeli is a party.

Kenya

Declaration:

"In accordance with article I (3) of the said Convention the Government of Kenya declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another contracting state."

Kuwait

The State of Kuwait will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State.

It is understood that the accession of the State of Kuwait to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York, on the 10th of June 1958, does not mean in any way recognition of Israel or entering with it into relations governed by the Convention thereto acceded by the State of Kuwait.

Lebanon

Declaration:

The Government of Lebanon declares that it will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State.

Lithuania

Declaration:

[The Republic of Lithuania] will apply the provisions of the said Convention to the recognition of arbitral awards made in the territories of the Non-Contracting States, only on the basis of reciprocity."

Luxembourg

Declaration:

The Convention is applied on the basis of reciprocity to the recognition and enforcement of only those arbitral awards made in the territory of another Contracting State.

Madagascar

The Malagasy Republic declares that it will apply the Con- vention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State; it further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Malaysia

Declaration:

The Government of Malaysia will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State. Malaysia further declares that it will apply the Convention only to differences arising out of legal relationships, whether con-tractual or not, which are considered as commercial under Malaysian law.

Malta

Declarations:

"1. In accordance with the relevant provisions of the Convention, Malta will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State.

2. The Convention only applies in regard to Malta with respect to arbitration agreements concluded after the date of Malta's accession to the Convention."

Mauritius

Declarations:

"In accordance with paragraph 3 of article 1 of the Convention, the Republic of Mauritius declares that it will, on the basis of reciprocity, apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State.

Referring to paragraphs 1 and 2 of article X of the Convention, the Republic of Mauritius declares that this Convention will extend to all the territories forming part of the Republic of Mauritius."

Moldova

"The Convention will be applied to the Republic of Moldova only relating those arbitral awards that have been brought after entering into force of the Convention.

The Convention will be applied tot he Republic of Moldova, on the basis of reciprocity, only relating those awards made in the territory of another Contracting State."

Monaco

Referring to the possibility offered by article I (3) of the Convention, the Principality of Monaco will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State; furthermore, it will apply the Convention only to differences arising out of legal relationship, whether contractual or not, which are considered as commercial under its national law.

Mongolia

Declaration:

"1. Mongolia will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State.

2. Mongolia will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Mongolia."

Montenegro7

Confirmation upon succession:

Reservations:

"1. The Convention is applied in regard to the Socialist Federal Republic of Yugoslavia only to those arbitral awards which were adopted after the coming of the Convention into effect.

"2. The Socialist Federal Republic of Yugoslavia will apply the Convention on a reciprocal basis only to those arbitral awards which were adopted on the territory of the other State Party to the Convention.

"3. The Socialist Federal Republic of Yugoslavia will apply the Convention [only] with respect to the disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are considered as economic."

Declaration:

"The first reservation only constituted an affirmation of the legal principle of retroactivity and that the third reservation being essentially in accordance with article I (3) of the Convention, the word "only" was therefore to be added to the original text and note taken that the word "economic" had been used therein as a synonym for "commercial".

Morocco

The Government of His Majesty the King of Morocco will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State.

Mozambique

Reservation:

"The Republic of Mozambique reserves itself the right to enforce the provisions of the said Conventions on the base of reciprocity, where the artibral awards have been pronounced in the territory of another Contracting State."

Nepal

Declaration:

"The Kingdom of Nepal will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting state. [The Government of Nepal] further declares that the Kingdom of Nepal will apply the Convention only to the differences arising out of legal relationship, whether contractual or not, which are considered as commercial under the law of the Kingdom of Nepal."

Netherlands

Referring to paragraph 3 of article I of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Government of the Kingdom declares that it will apply the Con- vention to the recognition and enforcement of awards made only in the territory of another Contracting State.

New Zealand

Declarations:

"In accordance with paragraph 3 of article 1 of the Con- vention, the Government of New Zealand declares that it will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another Contracting State.

"Accession to the Convention by the Government of New Zealand shall not extend for the time being, pursuant to article X of the Convention, to the Cook Islands and Niue."

Nigeria

"In accordance with paragraph 3 of article I of the Conven- tion, the Federal Military Government of the Federal Republic of Nigeria declares that it will apply the Convention on the basis of reciprocity to the recognition and enforcement of awards made only in the territory of a State party to this Convention and to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of the Federal Republic of Nigeria."

Norway

"1. [The Government of Norway] will apply the Convention only to the recognition and enforcement of awards made in the territory of one of the Contracting States."

"2. [The Government of Norway] will not apply the Con- vention to differences where the subject matter of the proceedings is immovable property situated in Norway, or a right in or to such property."

Pakistan

Declaration:

"The Islamic Republic of Pakistan will apply the Convention to the recognition and enforcement of awards made only in the territory of [a] Contracting State."

Philippines

Upon signature:

Reservation

"The Philippine delegation signs ad referendum this Con-vention with the reservation that it does so on the basis of reciprocity."

Declaration

"The Philippines will apply the Convention to the recognition and enforcement of awards made only in the territory of another contracting State pursuant to Article I, paragraph 3 of the Convention."

Declaration made upon ratification: "The Philippines, on the basis of reciprocity, will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration."

Poland

"With reservations as mentioned in article I, para. 3."

Portugal

Declaration:

Within the scope of the principle of reciprocity, Portugal will restrict the application of the Convention to arbitral awards pronounced in the territory of a State bound by the said Convention.

Republic of Korea

"By virtue of paragraph 3 of article I of the present Conven- tion, the Government of the Republic of Korea declares that it will apply the Convention to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State. It further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law."

Romania

The Romanian People's Republic will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its legislation.

The Romanian People's Republic will apply the Convention to the recognition and enforcement of awards made in the terri- tory of another Contracting State. As regards awards made in the territory of certain non-contracting States, the Romanian People's Republic will apply the Convention only on the basis of reciprocity established by joint agreement between the parties.

Russian Federation

The Union of Soviet Socialist Republics will apply the pro-visions of this Convention in respect of arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

Saint Vincent and the Grenadines

Declaration:

"In accordance with article 1 of [the] Convention, the Government of Saint Vincent and the Grenadines declares that they will apply the Convention to the recognition and enforcement awards made only in the territory of another Contracting State. They further declare that they will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Saint Vincent and the Grenadines."

Saudi Arabia

Declaration:

On the Basis of reciprocity, the Kingdom declares that it shall restrict the application of the Convention to the recognition and enforcement of arbitral awards made in the territory of a Contracting State.

Serbia2

Confirmation upon succession:

Reservation:

"1. The Convention is applied in regard to the Federal Republic of Yugoslavia only to those arbitral awards which were adopted after the coming of the Convention into effect.

"2. The Federal Republic of Yugoslavia will apply the Convention on a reciprocal basis only to those arbitral awards which were adopted on the territory of the other State Party to the Convention.

"3. Federal Republic of Yugoslavia will apply the Convention [only] with respect to the disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are considered as economic."

In a latter declaration dated 28 June 1982, the Government of Yugoslavia had specified that :

"the first reservation only constituted an affirmation of the legal principle of retroactivity and that the third reservation being essentially in accordance with article I (3) of the Convention, the word "only" was therefore to be added to the original text and note taken that the word "economic" had been used therein as a synonym for "commercial".

Singapore

"The Republic of Singapore will on the basis of reciprocity apply the said Convention to the recognition and enforcement of only those awards which are made in the territory of another Contracting State."

Slovakia4

Slovenia2

Declaration:

"In accordance with paragraph 3 of article 1, the Republic of Slovenia will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State. The Republic of Slovenia will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the Republic of Slovenia."

Switzerland18

Trinidad and Tobago

"In accordance with article I of the Convention, the Govern- ment of Trinidad and Tobago declares that it will apply the Con- vention to the recognition and enforcement of awards made only in the territory of another Contracting State. The Government of Trinidad and Tobago further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Law of Trinidad and Tobago."

Tunisia

With the reservations provided for in article I, paragraph 3, of the Convention, that is to say, the Tunisian State will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State and only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Tunisian law.

Turkey

Declaration:

In accordance with the Article I, paragraph 3 of the Conven- tion, the Republic of Turkey declares that it will apply the Con- vention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting State. It further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Uganda

Declaration:

"The Republic of Uganda will only apply the Convention to recognition and enforcement of awards made in the territory of another Contracting State."

Ukraine

The Ukrainian Soviet Socialist Republic will apply the pro-visions of this Convention in respect of arbitral awards made in the territories of non-contracting States only to the extent to which they grant reciprocal treatment.

United Kingdom of Great Britain and Northern Ireland16

5 May 1980

"The United Kingdom will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State. This declaration is also made on behalf of Gibraltar, Hong Kong and the Isle of Man to which the Convention has been extended."

United Republic of Tanzania

"The Government of the United Republic of Tanganyika and Zanzibar will apply the Convention, in accordance with the first sentence of article I (3) thereof, only to the recognition and enforcement of awards made in the territory of another Contracting State."

United States of America

"The United States of America will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State.

"The United States of America will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the United States."

Venezuela (Bolivarian Republic of)

Declarations:

(a) The Republic of Venezuela will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State.

(b) The Republic of Venezuela will apply the present Con- vention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.

Viet Nam

Declarations:

1. [The Socialist Republic of Viet Nam] considers the Convention to be applicable to the recognition and enforcement of arbitral awards made only in the territory of another Contracting State. With respect to arbitral awards made in the territories of non-contracting States, it will apply the Convention on the basis of reciprocity.

2. The Convention will be applied only to differences arising out of legal relationships which are considered as commercial under the laws of Viet Nam.

3. Interpretation of the Convention before the Vietnamese Courts or competent authorities should be made in accordance with the Constitution and the law of Viet Nam.

Objections

(Unless otherwise indicated, the objections were received upon

ratification, accession or succession.)

Germany5

29 December 1989

The Federal Republic of Germany is of the opinion that the second paragraph of the declaration of the Argentine Republic represents a reservation and as such is not only contradictory to article I (3) of the Convention but is also vague and hence inad- missible; it therefore raises an objection to that reservation.

In all other respects this objection is not intended to prevent the entry into force of the Convention between the Argentine Republic and the Federal Republic of Germany.

Territorial Application

Participant:  Date of receipt of the notification:  Territories: 
Australia  26 Mar 1975  All the external territories for the international relations of which Australia is responsible other than Papua New Guinea 
Denmark19  10 Feb 1976  Faeroe Islands, Greenland 
France  26 Jun 1959  All the territories of the French Republic 
Netherlands20  24 Apr 1964  Netherlands Antilles, Surinam 
United Kingdom of Great Britain and Northern Ireland3,21  24 Sep 1975  Gibraltar 
  21 Jan 1977  Hong Kong 
  22 Feb 1979  Isle of Man 
  14 Nov 1979  Bermuda 
  26 Nov 1980  Belize, Cayman Islands 
  19 Apr 1985  Guernsey 
  28 May 2002  Jersey 
United States of America  3 Nov 1970  All the territories for the international relations of which the United States of America is responsible 

Declarations and Reservations made upon

notification of territorial application

United Kingdom of Great Britain and Northern Ireland

Belize, Bermuda, Cayman Islands, Guernsey, Jersey

[The Convention will apply] . . . "in accordance with article I, paragraph 3 thereof, only to the recognition and enforcement of awards made in the territory of another Contracting State."

 

 

NOTES


1. Official Records of the Economic and Social Council, Twenty-first Session, Supplement No. 1 (E/2889), p. 5.


2. The former Yugoslavia had acceded to the Convention on 26 February 1982 with the following reservation:

"1. The Convention is applied in regard to the Socialist Federal Republic of Yugoslavia only to those arbitral awards which were adopted after the coming of the Convention into effect.

"2. The Socialist Federal Republic of Yugoslavia will apply the Convention on a reciprocal basis only to those arbitral awards which were adopted on the territory of the other State Party to the Convention.

"3. The Socialist Federal Republic of Yugoslavia will apply the Convention [only] with respect to the disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are considered as economic."

In a latter declaration dated 28 June 1982, the Government of Yugoslavia had specified that the first reservation only constituted an affirmation of the legal principle of retroactivity and that the third reservation being essentially in accordance with article I (3) of the Convention, the word "only" was therefore to be added to the original text and note taken that the word "economic" had been used therein as a synonym for "commercial".

See also note 1 under "Bosnia and Herzegovina", Croatia, "former Yugoslavia" , "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.


3. On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China (see also note 2 under "China" and note 2 under "United Kingdom of Great Britain and Northern Ireland" regarding Hong Kong in the "Historical Information" section in the front matter of this volume). Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with the reservation made by China will also apply to the Hong Kong Special Administrative Region.

On 19 July 2005, the Secretary-General received the following declaration from the Government of China:

In accordance with the provisions of Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention on the Recognition and Enforcement of Arbitral Awards shall apply to the Macao Special Administrative Region of the People's Republic of China. The statement made by the Government of the People's Republic of China when acceding to the Convention on January 22, 1987, also applies to the Macao Special Administrative Region of the People's Republic of China.


4. Czechoslovakia had signed and ratified the Convention on 3 October 1958 and 10 July 1959, with a declaration. For the text of the declaration, see United Nations, Treaty Series, vol. 330, p. 69. See also note 1 under "Czech Republic" and note 1 under "Slovakia" in the "Historical Information" section in the front matter of this volume.


5. The German Democratic Republic had acceded to the Convention with declarations, on 20 February 1975. For the text of the declarations, see United Nations, Treaty Series, vol. 959, p. 841. See also note 2 under "Germany" in the "Historical Information" section in the front matter of this volume.


6. See note 1 under "Germany" in the "Historical Information" section in the front matter of this volume.


7. See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.


8. On 12 November 1999, the Government of Portugal informed the Secretary-General that the Convention will apply to Macau.

Subsequently, the Secretary-General received, on 9 December 1999, from the Government of Portugal, the following communication:

"In accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the Question of Macau signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility for Macau until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macau with effect from 20 December 1999.

From 20 December 1999 onwards the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Convention to Macau."


9. Accession by the United Arab Republic. See also note 1 under "United Arab Republic" in the "Historical Information" section in the front matter of this volume.


10. The declaration made upon signature and contained in the Final Act read as follows:

"If another Contracting Party extends the application of the Convention to territories which fall within the sovereignty of the Argentine Republic, the rights of the Argentine Republic shall in no way be affected by that extension."


11. In a communication received on 25 February 1988, the Govern- ment of Austria notified the Secretary-General of its decision to with- draw as from that date, the reservation made upon accession to the Convention. For the text of the reservation, see United Nations, Treaty Series, vol. 395, p. 274.


12. In a communication received by the Secretary-General on 23 June 1980, the Government of Israel declared the following:

"The Government of Israel has noted the political character of the statement made by the Government of Jordan. In the view of the Government of Israel, this Convention is not the proper place for making such political pronouncements. Moreover, the said decla- ration cannot in any way affect whatever obligations are binding upon Jordan under general international law or under particular con- ventions.

"Insofar as concerns the substance of the matter, the Government of Israel will adopt towards the Government of Jordan an attitude of complete reciprocity."

A communication identical in essence, mutatis mutandis, was received by the Secretary-General, on 22 September 1988, from the Government of Israel in respect of the declaration made by Bahrain upon accession.


13. The declaration by Canada received on 20 May 1987, and which originally comprised two parts, was made after accession. It was com- municated by the Secretary-General to all States. None of the Con-tracting Parties having expressed an objection within a period of 90 days from the date of the above-mentioned communication [22 July 1987], the declaration was deemed to have been accepted and replaces the declaration made upon accession which read as follows:

"The Government of Canada declares, with respect to the Province of Alberta, that it will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State.

"The Government of Canada declares that it will apply the Con- vention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Canada."

Subsequently, on 25 November 1988, the Government of Canada notified the Secretary-General of its decision to withdraw, with effect from that date, the second part of its revised declaration received on 20 May 1987 which read as follows:

"The Government of Canada declares, with respect to the Province of Saskatchewan, that it will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State."


14. In a communication received on 27 November 1989, the Government of France notified the Secretary-General of its decision to withdraw, with effect from that date, the declaration relating to the second sentence of its declaration relating to paragraph 3 of article I made upon ratification. For the text of the declaration so withdrawn, see United Nations, Treaty Series, vol. 336, p. 426.


15. In a communication received on 31 August 1998, the Government of Germany notified the Secretary-General of its decision to withdraw the reservation made upon ratification of the Convention. For the text of the reservation, see United Nations, Treaty Series , vol. 399, p.286.


16. Since the declaration [by Greece] [by the United Kingdom] had been made after accession, it was communicated by the Secretary-General to all States concerned on 10 June 1980. None of the Contracting Parties having expressed an objection within a period of 90 days from the date of the above-mentioned communication, the declaration was deemed to have been accepted.


17. In keeping with the depositary practice followed in similar cases, the Secretary-General proposed to receive the reservation in question for deposit in the absence of any objection on the part of any of the Contracting States, either to the depositary itself or to the procedure envisaged, within a period of one year from the date of the notification (i.e. 17 October 2002). Within a period of one year from the date of the above depositary notification, none of the Contracting Parties to the above Convention notified the Secretary-General of an objection. Consequently, the reservation is deemed to have been accepted for deposit upon the expiration of the one year period, i.e., on 17 October 2003.


18. On 23 April 1993, the Government of Switzerland notified the Secretary-General of its decision to withdraw the declaration made upon ratification. For the text of the declaration, see United Nations, Treaty Series, vol. 536, p. 477.


19. At the time of acceding to the Convention the Government of Denmark declared, in accordance with article X (1), that it would not apply for the time being to the Faeroe Islands and Greenland.

In a communication received on 12 November 1975, the Govern- ment of Denmark declared that it had withdrawn the above-mentioned declaration, this decision to take effect on 1 January 1976.

In a further communication received on 5 January 1978, the Government of Denmark confirmed that the communication received by the Secretary-General on 12 November 1975 should be considered as having taken effect from 10 February 1976, in accordance with article X (2), it being understood that the Convention was applied de facto to the Faeroe Islands and Greenland from 1 January to 9 February 1976.


20. See note 1 under "Netherlands" regarding Aruba/Netherlands Antilles in the "Historical Information" section in the front matter of this volume.


21. See also under "Declarations and Reservations" for the reservation made by the United Kingdom, which was also made on behalf of Gibraltar, Hong Kong (see also note 3 ) and the Isle of Man.