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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.
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.
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, 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
performed.
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,
The duly authenticated original award or a duly certified copy
The original agreement referred to in article II or a duly
certified copy thereof.
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 agent.
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:&
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 wher or
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
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 rec or
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 ar or
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.
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:
subject matter of the difference is not capable of settlement by
arbitration under the or
The recognition or enforcement of the award would be contrary to
the public policy of that country.
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 any 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.
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
Convention.
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.
This Convention shall be ratified and the instrument of
ratification shall be deposited with the Secretary-General of the
United Nations.
This Convention shall be open for accession to all States referred
to in article VIII.
Accession shall be effected by the deposit of an instrument of
accession with the Secretary-General of the United
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.
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
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.
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
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 earl
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.
This Convention shall come into force on the ninetieth day
following the date of deposit of the third instrument of
ratification or accession.
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.
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.
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.
This Convention shall continue to be applicable to arbitral awards
in respect of which recognition and enforcement proceedings have
been instituted before the denunciation takes effect.
Signatures and ratifications in accordance with article
Accessions in accordance with article IX;
&Declarations and
notifications under articles I, X and XI;
The date upon which this Convention enters into force in accordance
with article XII;
Denunciations and notifications in accordance with article
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.
The Secretary-General of the United Nations shall transmit a
certified copy of this Convention to the States contemplated in
article VIII.
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