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

2. European Convention on International Commercial Arbitration

Geneva, 21 April 1961

 

Entry into force: 7 January 1964, in accordance with article X (8) , with the exception of paragraphs 3 to 7 of article IV which entered into force on 18 October 1965, in accordance with paragraph 4 of the Annex to the Convention.
Registration: 7 January 1964, No. 7041.
Status: Signatories: 17 ,Parties: 27.
Text: United Nations, Treaty Series, vol. 484, p. 349. 

Note: The Convention was prepared and opened for signature on 21 April 1961 by the Special Meeting of Plenipotentiaries for the purpose of negotiating and signing a European Convention on International Commercial Arbitration, which was convened in accordance with resolution 7 (XV)1 of the Economic Commission for Europe, adopted on 5 May 1960. The Special Meeting was held at the European Office of the United Nations in Geneva from 10 to 21 April 1961. For the text of the Final Act of the Special Meeting, see United Nations, Treaty Series, vol. 484, p. 349.

 

 

PARTICIPANTS

Participant  Signature  Ratification, Accession (a), Succession (d) 
Austria  21 Apr 1961  6 Mar 1964 
Belarus  21 Apr 1961  14 Oct 1963 
Belgium  21 Apr 1961  9 Oct 1975 
Bosnia and Herzegovina    1 Sep 1993 d 
Bulgaria  21 Apr 1961  13 May 1964 
Burkina Faso    26 Jan 1965 a 
Croatia    26 Jul 1993 d 
Cuba    1 Sep 1965 a 
Czech Republic2    30 Sep 1993 d 
Denmark3  21 Apr 1961  22 Dec 1972 
Finland  21 Dec 1961   
France  21 Apr 1961  16 Dec 1966 
Germany4,5  21 Apr 1961  27 Oct 1964 
Hungary  21 Apr 1961  9 Oct 1963 
Italy  21 Apr 1961  3 Aug 1970 
Kazakhstan    20 Nov 1995 a 
Luxembourg    26 Mar 1982 a 
Poland  21 Apr 1961  15 Sep 1964 
Republic of Moldova    5 Mar 1998 a 
Romania  21 Apr 1961  16 Aug 1963 
Russian Federation  21 Apr 1961  27 Jun 1962 
Slovakia2    28 May 1993 d 
Slovenia    6 Jul 1992 d 
Spain  14 Dec 1961  12 May 1975 
the former Yugoslav Republic of Macedonia    10 Mar 1994 d 
Turkey  21 Apr 1961  24 Jan 1992 
Ukraine  21 Apr 1961  18 Mar 1963 
Yugoslavia  21 Apr 1961  25 Sep 1963 
 

 

DECLARATIONS

Declarations and Reservations

(Unless otherwise indicated, the declarations and reservations were made

upon ratification, accession or succession.)

Belgium

In accordance with article II, paragraph 2, of the Convention, the Belgian Government declares that in Belgium only the State has, in the cases referred to in article I, paragraph 1, the faculty to conclude arbitration agreements.

Luxembourg

Except where otherwise expressly provided for in the arbi-tration agreement, the presiding judges of the local courts shall assume the functions entrusted to the presidents of the chambers of commerce under article IV of the Convention. The presiding judges shall hear the disputes in chambers.

 

 

NOTES

1. Official Records of the Economic and Social Council, Fifteenth Session, Supplement No. 3 (E-3349), p. 55.

2. Czechoslovakia had signed and ratified the Convention on 21 April 1961 and 13 November 1963, respectively. See also note 5 below and note 11 in chapter I.2.

3. The instrument of ratification contained a declaration to the effect that the Convention for the time being would not extend 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 reservation, the decision to take effect on 1 January 1976.

4. The German Democratic Republic had acceded to the Convention on 20 February 1975. See also note 14 in chapter I.2.

5. A note accompanying the instrument of ratification contains a statement that the Convention "shall also apply to Land Berlin as from the day on which the Convention enters into force for the Federal Republic of Germany".

With reference to the above-mentioned statement, communications have been addressed to the Secretary-General by the Governments of Albania, Bulgaria, the Byelorussian SSR, Czechoslovakia, France, the United Kingdom and the United States of America, the Federal Republic of Germany, Poland, Romania, the Ukrainian SSR and the Union of Soviet Socialist Republics. The said communications are identical in essence, mutatis mutandis, to those reproduced in note 3 of chapter III.3.

Upon accession to the Convention, on 20 February 1975, the Government of the German Democratic Republic made the following declaration:

Pursuant to the Quadripartite Agreement of 3 September 1971 between the Governments of the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic, that Berlin (West) is not a constituent part of the Federal Republic of Germany and not to be governed by it. The statements by the Federal Republic of Germany to the effect that these Conventions also apply to "Land Berlin" are therefore contrary to the Quadripartite Agreement, which states further that treaties affecting matters of security and status may not be extended to Berlin (West) by the Federal Republic of Germany. The statements by the Federal Republic of Germany cannot therefore have legal effects.

In regard to the latter declaration, the Secretary-General received on 26 January 1976 from the Governments of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America a communication confirming their previous declarations. Subsequently, on 24 February 1976, the Secretary-General received from the Government of the Federal Republic of Germany a communication which states in part: "The Government of the Federal Republic of Germany, on the basis of the legal situation set out in the [note] of the Three Powers, wishes to confirm that the application in Berlin (West) of the above-mentioned [Convention] extended by it under the established procedures continues in full force and effect."

See also note 4 above.