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Arbitration - Domestic & Foreign Award Enforcement

 

Signatories of The New York Convention, 1958 on the Recognition and Enforcement of Foreign Arbitral Awards: -

 

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS

Done at
New York on 10 June 1958 


ENTRY INTO FORCE: 7 June 1959, in accordance with article XII. 

REGISTRATION: 7 June 1959, No. 4739. 

TEXT: United Nations, Treaty Series, vol. 330, p. 3. 

STATUS: Signatories: 24. Parties: 120. 

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. 

 

PARTICIPANT

SIGNATURE

RATIFICATION, ACCESSION (A), SUCCESSION (D)

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

Bahrain

6 Apr 1988

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 Herzegovina

1 Sep 1993

d

Botswana

20 Dec 1971

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

China2

22 Jan 1987

a

Colombia

25 Sep 1979

a

Costa Rica

10 Jun 1958

26 Oct 1987 

Côte d'Ivoire

1 Feb 1991

a

Croatia

26 Jul 1993

d

Cuba

30 Dec 1974

a

Cyprus

29 Dec 1980

a

Czech Republic3

30 Sep 1993

d

Denmark 

22 Dec 1972

a

Djibouti

14 Jun 1983

d

Dominica

28 Oct 1988

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 

Georgia

2 Jun 1994

a

Germany4,5

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

Hungary

5 Mar 1962

a

India

10 Jun 1958

13 Jul 1960

Indonesia

7 Oct 1981

a

Ireland

12 May 1981

a

Israel

10 Jun 1958

5 Jan 1959

Italy

31 Jan 1969

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

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

Mauritania

30 Jan 1997

a

Mauritius

19 Jun 1996

a

Mexico

14 Apr 1971

a

Monaco

31 Dec 1958

2 Jun 1982

Mongolia

24 Oct 1994 

a

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

Niger

14 Oct 1964

a

Nigeria

17 Mar 1970

a

Norway

14 Mar 1961

a

Pakistan

30 Dec 1958

 

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

Portugal

18 Oct 1994

a

Republic of Korea

8 Feb 1973

a

Republic of Moldova

18 Sep 1998

a

Romania

13 Sep 1961

a

Russian Federation

29 Dec 1958

24 Aug 1960

San Marino

17 May 1979

a

Saudi Arabia

19 Apr 1994

a

Senegal

17 Oct 1994

a

Singapore

21 Aug 1986

a

Slovakia3

28 May 1993

d

Slovenia

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 Republic6

9 Mar 1959

a

Thailand 

21 Dec 1959

a

the former Yugoslav 
Republic of Macedonia

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 Kingdom

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

8 Feb 1995

a

Viet Nam

12 Sep 1995

a

Yugoslavia

26 Feb 1982

a

Zimbabwe

29 Sep 1994

a

  Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made upon ratification,
accession or succession. For objections thereto and territorial applications, see hereinafter.) 

. . .

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 considered as commercial under the laws of Antigua and Barbuda."

Argentina7

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. 

. . .

Barbados 

Declaration:

" (i) In accordance with article 1 (3) of the Convention, the Government of Barbados 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. 

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

. . .

Canada 

22 November 1988

"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." 

. . .

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. 

. . .

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 contracting 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. 

. . .

Trinidad and Tobago 

"In accordance with article I of the Convention, the Government of Trinidad and Tobago declares that it will apply the Convention 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." 

. . .

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 

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 Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law. 

. . .

Objections
(Unless otherwise indicated, the objections were received upon
ratification, accession or succession.) 

 

Germany 4 

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 inadmissible; 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

Netherlands

24 Apr 1964

Netherlands Antilles, Suriname

United Kingdom

24 Sep 1975
21 Jan 1977
22 Feb 1979
14 Nov 1979
26 Nov 1980
19 Apr 1985

Gibraltar
Hong Kong
Isle of Man 
Bermuda 
Belize, Cayman Islands 
Guernsey

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 

[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: 

7 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.”

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