Convention on the Recognition
and Enforcement of Foreign Arbitral Awards
(New York, 10 June 1958)
1. This Convention shall apply to the recognition
and enforcement of arbitral awards made in the territory of a State other
than the State where the recognition and enforcement of such awards are
sought, and arising out of differences between persons, whether physical
or legal. It shall also apply to arbitral awards not considered as domestic
awards in the State where their recognition and enforcement are sought.
2. The term "arbitral awards" shall include
not only awards made by arbitrators appointed for each case but also those
made by permanent arbitral bodies to which the parties have submitted.
3. When signing, ratifying or acceding to
this Convention, or notifying extension under article X hereof, any State
may on the basis of reciprocity declare that it will apply the Convention
to the recognition and enforcement of awards made only in the territory
of another Contracting State. It may also declare 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 national
law of the State making such declaration.
1. Each Contracting State shall recognize
an agreement in writing under which the parties undertake to submit to
arbitration all or any differences which have arisen or which may arise
between them in respect of a defined legal relationship, whether contractual
or not, concerning a subject matter capable of settlement by arbitration.
2. The term "agreement in writing" shall include
an arbitral clause in a contract or an arbitration agreement, signed by
the parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when
seized of an action in a matter in respect of which the parties have made
an agreement within the meaning of this article, shall, at the request
of one of the parties, refer the parties to arbitration, unless it finds
that the said agreement is null and void, inoperative or incapable of being
Each Contracting State shall recognize arbitral
awards as binding and enforce them in accordance with the rules of procedure
of the territory where the award is relied upon, under the conditions laid
down in the following articles. There shall not be imposed substantially
more onerous conditions or higher fees or charges on the recognition or
enforcement of arbitral awards to which this Convention applies than are
imposed on the recognition or enforcement of domestic arbitral awards.
1. To obtain the recognition and enforcement
mentioned in the preceding article, the party applying for recognition
and enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award
or a duly certified copy thereof;
(b) The original agreement referred to in
article II or a duly certified copy thereof.
2. If the said award or agreement is not made
in an official language of the country in which the award is relied upon,
the party applying for recognition and enforcement of the award shall produce
a translation of these documents into such language. The translation shall
be certified by an official or sworn translator or by a diplomatic or consular
1. Recognition and enforcement of the award
may be refused, at the request of the party against whom it is invoked,
only if that party furnishes to the competent authority where the recognition
and enforcement is sought, proof that:
(a) The parties to the agreement referred
to in article II were, under the law applicable to them, under some incapacity,
or the said agreement is not valid under the law to which the parties have
subjected it or, failing any indication thereon, under the law of the country
where the award was made; or
(b) The party against whom the award is invoked
was not given proper notice of the appointment of the arbitrator or of
the arbitration proceedings or was otherwise unable to present his case;
(c) The award deals with a difference not
contemplated by or not falling within the terms of the submission to arbitration,
or it contains decisions on matters beyond the scope of the submission
to arbitration, provided that, if the decisions on matters submitted to
arbitration can be separated from those not so submitted, that part of
the award which contains decisions on matters submitted to arbitration
may be recognized and enforced; or
(d) The composition of the arbitral authority
or the arbitral procedure was not in accordance with the agreement of the
parties, or, failing such agreement, was not in accordance with the law
of the country where the arbitration took place; or
(e) The award has not yet become binding on
the parties, or has been set aside or suspended by a competent authority
of the country in which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral
award may also be refused if the competent authority in the country where
recognition and enforcement is sought finds that:
(a) The subject matter of the difference is
not capable of settlement by arbitration under the law of that country;
(b) The recognition or enforcement of the
award would be contrary to the public policy of that country.
If an application for the setting aside or
suspension of the award has been made to a competent authority referred
to in article V(1)(e), the authority before which the award is sought to
be relied upon may, if it considers it proper, adjourn the decision on
the enforcement of the award and may also, on the application of the party
claiming enforcement of the award, order the other party to give suitable
1. The provisions of the present Convention
shall not affect the validity of multilateral or bilateral agreements concerning
the recognition and enforcement of arbitral awards entered into by the
Contracting States nor deprive an interested party of any right he may
have to avail himself of an arbitral award in the manner and to the extent
allowed by the law or the treaties of the country where such award is sought
to be relied upon.
2. The Geneva Protocol on Arbitration Clauses
of 1923 and the Geneva Convention on the Execution of Foreign Arbitral
Awards of 1927 shall cease to have effect between Contracting States on
their becoming bound and to the extent that they become bound, by this
1. This Convention shall be open until 31
December 1958 for signature on behalf of any Member of the United Nations
and also on behalf of any other State which is or hereafter becomes a member
of any specialized agency of the United Nations, or which is or hereafter
becomes a party to the Statute of the International Court of Justice, or
any other State to which an invitation has been addressed by the General
Assembly of the United Nations.
2. This Convention shall be ratified and the
instrument of ratification shall be deposited with the Secretary-General
of the United Nations.
1. This Convention shall be open for accession
to all States referred to in article VIII.
2. Accession shall be effected by the deposit
of an instrument of accession with the Secretary-General of the United
1. Any State may, at the time of signature,
ratification or accession, declare that this Convention shall extend to
all or any of the territories for the international relations of which
it is responsible. Such a declaration shall take effect when the Convention
enters into force for the State concerned.
2. At any time thereafter any such extension
shall be made by notification addressed to the Secretary-General of the
United Nations and shall take effect as from the ninetieth day after the
day of receipt by the Secretary-General of the United Nations of this notification,
or as from the date of entry into force of the Convention for the State
concerned, whichever is the later.
3. With respect to those territories to which
this Convention is not extended at the time of signature, ratification
or accession, each State concerned shall consider the possibility of taking
the necessary steps in order to extend the application of this Convention
to such territories, subject, where necessary for constitutional reasons,
to the consent of the Governments of such territories.
In the case of a federal or non-unitary State,
the following provisions shall apply:
(a) With respect to those articles of this
Convention that come within the legislative jurisdiction of the federal
authority, the obligations of the federal Government shall to this extent
be the same as those of Contracting States which are not federal States;
(b) With respect to those articles of this
Convention that come within the legislative jurisdiction of constituent
states or provinces which are not, under the constitutional system of the
federation, bound to take legislative action, the federal Government shall
bring such articles with a favourable recommendation to the notice of the
appropriate authorities of constituent states or provinces at the earliest
(c) A federal State Party to this Convention
shall, at the request of any other Contracting State transmitted through
the Secretary-General of the United Nations, supply a statement of the
law and practice of the federation and its constituent units in regard
to any particular provision of this Convention, showing the extent to which
effect has been given to that provision by legislative or other action.
l. This Convention shall come into force on
the ninetieth day following the date of deposit of the third instrument
of ratification or accession.
2. For each State ratifying or acceding to
this Convention after the deposit of the third instrument of ratification
or accession, this Convention shall enter into force on the ninetieth day
after deposit by such State of its instrument of ratification or accession.
l. Any Contracting State may denounce this
Convention by a written notification to the Secretary-General of the United
Nations. Denunciation shall take effect one year after the date of receipt
of the notification by the Secretary-General.
2. Any State which has made a declaration
or notification under article X may, at any time thereafter, by notification
to the Secretary-General of the United Nations, declare that this Convention
shall cease to extend to the territory concerned one year after the date
of the receipt of the notification by the Secretary-General.
3. This Convention shall continue to be applicable
to arbitral awards in respect of which recognition or enforcement proceedings
have been instituted before the denunciation takes effect.
A Contracting State shall not be entitled
to avail itself of the present Convention against other Contracting States
except to the extent that it is itself bound to apply the Convention.
The Secretary-General of the United Nations
shall notify the States contemplated in article VIII of the following:
(a) Signatures and ratifications in accordance
with article VIII;
(b) Accessions in accordance with article
(c) Declarations and notifications under articles
I, X and XI;
(d) The date upon which this Convention enters
into force in accordance with article XII;
(e) Denunciations and notifications in accordance
with article XIII.
l. This Convention, of which the Chinese,
English, French, Russian and Spanish texts shall be equally authentic,
shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations
shall transmit a certified copy of this Convention to the States contemplated
in article VIII.