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European Convention on International Commercial Arbitration of 1961 Done at Geneva, April 21, 1961 United Nations, Treaty Series , vol. 484, p. 364 No. 7041 (1963-1964)

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Article I - Scope of the Convention

Article II - Right of Legal Persons of Public Law to Resort to Arbitration

Article III - Right of Foreign Nationals to be Designated as Arbitrators

Article IV - Organization of the Arbitration

Article V - Plea as to Arbitral Jurisdiction

Article VI - Jurisdiction of Courts of Law

Article VII - Applicable Law

Article VIII - Reasons for the Award

Article IX - Setting Aside of the Arbitral Award

Article X - Final Clauses

Annex COMPOSITION AND PROCEDURE OF THE SPECIAL COMMITTEE REFERRED TO IN Article IV OF THE CONVENTION

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European Convention on International Commercial Arbitration of 1961 Done at Geneva, April 21, 1961 United Nations, Treaty Series , vol. 484, p. 364 No. 7041 (1963-1964)

European Commission for Europe

copy @ Lex Mercatoria

European Convention on International Commercial Arbitration of 1961 Done at Geneva, April 21, 1961 United Nations, Treaty Series , vol. 484, p. 364 No. 7041 (1963-1964)

Article IX - Setting Aside of the Arbitral Award

1. The setting aside in a Contracting State of an arbitral award covered by this Convention shall only constitute a ground for the refusal of recognition or enforcement in another Contracting State where such setting aside took place in a State in which, or under the law of which, the award has been made and for one of the following reasons:

(a) the parties to the arbitration agreement 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 requesting the setting aside of the award was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or

(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 need not be set aside;

(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, with the provisions of Article IV of this Convention.

2. In relations between Contracting States that are also parties to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 10th June 1958, paragraph 1 of this Article limits the application of Article V (1) (e) of the New York Convention solely to the cases of setting aside set out under paragraph 1 above.


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