9. United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958)

Parties: 141

(a) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). This State will apply the Convention only to recognition and enforcement of awards made in the territory of another contracting State.

(b) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). This State will apply the Convention only to differences arising out of legal relationships, whether contractual or not, that are considered commercial under the national law.

(c) Accession.

(d) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). Argentina declared that the Convention should be construed in accordance with the principles and rules of the National Constitution in force or with those resulting from reforms mandated by the Constitution.

(e) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature).With regard to awards made in the territory of non-contracting States, this State will apply the Convention only to the extent to which those States grant reciprocal treatment.

(f) The date of effect of the succession is as follows: for Bosnia and Herzegovina, 6 March 1992; for Croatia, 8 October 1991; for the Czech Republic, 1 January 1993; for Djibouti, 27 June 1977; for Slovakia, 1 January 1993; for Slovenia, 25 June 1991; and for the former Yugoslav Republic of Macedonia, 17 September 1991.

(g) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). This State will apply the Convention only to those arbitral awards which were adopted after the entry into effect of the Convention.

(h) Succession.

(i) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). Canada declared that it would apply the Convention only to differences arising out of legal relationships, whether contractual or not, that were considered commercial under the laws of Canada, except in the case of the Province of Quebec where the law did not provide for such limitation.

(j) The former Czechoslovakia signed the Convention on 3 October 1958 and deposited an instrument of ratification on 10 July 1959. On 28 May and 30 September 1993, respectively, Slovakia and the Czech Republic deposited instruments of succession.

(k) The former German Democratic Republic acceded to the Convention on 20 February 1975 with the reservations mentioned in footnotes (a), (b), (e).

(l) On 31 August 1998, Germany withdrew the reservation made upon ratification mentioned in footnote (a).

(m) The Convention only applies with regard to Malta with respect to arbitration agreements concluded after the date of Malta's accession to the Convention.

(n) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). This State will not apply the Convention to differences where the subject matter of the proceedings is immovable property situated in the State, or a right in or to such property.

(o) Upon resumption of sovereignty over Hong Kong on 1 July 1997, the Government of China extended the territorial application of the Convention to Hong Kong, Special Administrative Region of China, subject to the statement originally made by China upon accession to the Convention. On 19 July 2005, China declared that the Convention shall apply to the Macao Special Administrative Region of China, subject to the statement originally made by China upon accession to the Convention.

(p) The Russian Federation continues, as from 24 December 1991, the membership of the former Union of Soviet Socialist Republics (USSR) in the United Nations and maintains, as from that date, full responsibility for all the rights and obligations of the USSR under the Charter of the United Nations and the multilateral treaties deposited with the Secretary-General.

(q) The former Yugoslavia acceded to the Convention on 26 February 1982. On 12 March 2001, the Secretary-General received from the Government of Yugoslavia a notification of succession, confirming the declaration dated 28 June 1982 by the Socialist Federal Republic of Yugoslavia (see footnotes (a), (b) and (g) above).

(r) Declarations and reservations (excludes territorial declarations and certain other reservations and declarations of a political nature). On 23 April 1993, Switzerland notified the Secretary-General of its decision to withdraw the reciprocity declaration it had made upon ratification.

(s) Viet Nam declared that interpretation of the Convention before the Vietnamese Courts or competent authorities should be made in accordance with the Constitution and the law of Viet Nam.

See UNCITRAL source document }http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html   ² 

Declarations and reservations

(Excludes territorial declarations and certain other reservations and declarations of a political nature)

1/ State will apply the Convention only to recognition and enforcement of awards made in the territory of another Contracting State.

2/ State 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.

3/ With regard to awards made in the territory of non-contracting States, State will apply the Convention only to the extent to which these States grant reciprocal treatment.

4/ Canada declared 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.

5/ State will not apply the Convention to differences where the subject matter of the proceedings is immovable property situated in the State, or a right in or to such property.

6/ State will apply the Convention only to those arbitral awards which were adopted after the coming of the Convention into effect.

7/ Argentina declared that the present Convention should be construed in accordance with the principles and rules of the National Constitution in force or with those resulting from reforms mandated by the Constitution.

8/ On 23 April 1993, Switzerland notified the Secretary-General of its decision to withdraw the reciprocity declaration it had made upon ratification.

9/ Viet Nam declared that interpretation of the Convention before the Vietnamese Courts or competent Authorities should be made in accordance with the Constitution and the law of Viet Nam.

10/ The date of effect of the succession is as follows: for Bosnia and Herzegovina, 6 March 1992; for Croatia, 8 October 1991; for Czech Republic, 1 January 1993; for Djibouti, 27 June 1977; for Slovakia, 1 January 1993; for Slovenia, 25 June 1991; and for The former Yugoslav Republic of Macedonia, 17 September 1991.

11/ On 31 August 1998, Germany withdrew the reservation made upon ratification mentioned in footnote 1.

12/ The Convention only applies in regard to Malta with respect to arbitration agreements concluded after the date of Malta's accession to the Convention.

13/ Reference C.N.290.2001.TREATIES-2 (Depositary Notification) regarding Yugoslavia: Succession, states: "The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following: The above action was effected on 12 March 2001, with confirmation of the reservations made by the Socialist Federal Republic of Yugoslavia upon accession to the above Convention, which read as follows: Reservations (Original: English) "1. The Convention is applied in regard to the Socialist Federal Republic of Yugoslavia only to those arbitral awards which were adopted after the coming of the Convention into effect. 2. The Socialist Federal Republic of Yugoslavia will apply the Convention on a reciprocal basis only to those arbitral awards which were adopted on the territory of the other State Party to the Convention. 3. The Socialist Federal Republic of Yugoslavia will apply the Convention [only] with respect to disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are considered as economic." The Convention became effective for Yugoslavia on 27 April 1992, the date of State succession." (see e/ above)