Convention on the Recognition Enforcement of Foreign Arbitral Awards Done at New York on 10 June 1958

Article I
1. This Convention shall apply to the recognition enforcement of arbitral awards made in the territory of a State other than the State the recognition enforcement of such awards are sought arising out of differences between persons whether physicallegal. It shall also apply to arbitral awards not considered as domestic awards in the State their recognition 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 ratifyingacceding to this Conventionnotifying extension under Article X hereof any State may on the basis of reciprocity declare that it will apply the Convention to the recognition 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 contractualnot which are considered as commercial under the national law of the State making such declaration.
Article II
1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration allany differences which have arisenwhich may arise between them in respect of a defined legal relationship whether contractua1not concerning a subject matter capable of settlement by arbitration.
2. The term "agreement in writing" shall include an arbitral clause in a contractan arbitration agreement signed by the partiescontained in an exchange of letterstelegrams.
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 void inoperativeincapable of being performed.
Article III
Each Contracting State shall recognize arbitral awards as binding enforce them in accordance with the rules of procedure of the territory the award is relied upon under the conditions laid down in the following Articles. There shall not be imposed substantially more onerous conditionshigher feescharges on the recognitionenforcement of arbitral awards to which this Convention applies than are imposed on the recognitionenforcement of domestic arbitral awards.
Article IV
1. To obtain the recognition enforcement mentioned in the preceding Article the party applying for recognition enforcement shall at the time of the application supply:
(a) The duly authenticated original awarda duly certified copy thereof;
(b) The original agreement referred to in Article IIa duly certified copy thereof.
2. If the said awardagreement is not made in an official language of the country in which the award is relied upon the party applying for recognition enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an officialsworn translatorby a diplomaticconsular agent.
Article V
1.Recognition 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 the recognition 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 incapacitythe 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 the award was made;
(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitratorof the arbitration proceedingswas otherwise unable to present his case;
(c) The award deals with a difference not contemplated bynot falling within the terms of the submission to arbitrationit 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 those not so submitted that part of the award which contains decisions on matters submitted to arbitration may be recognized enforced;
(d) The composition of the arbitral authoritythe 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 the arbitration took place;
(e) The award has not yet become binding on the partieshas been set asidesuspended by a competent authority of the country in whichunder the law of which that award was made.
 2. Recognition enforcement of an arbitral award may also be refused if the competent authority in the country recognition 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 recognitionenforcement of the award would be contrary to the public policy of that country.
Article VI
lf an application for the setting asidesuspension 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 may also on the application of the party claiming enforcement of the award order the other party to give suitable security.
Article VII
1. The provisions of the present Convention shall not affect the validity of multilateralbilateral agreements concerning the recognition 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 to the extent allowed by the lawthe treaties of the country such award is sought to be relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923 the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound to the extent that they become bound by this convention.
Article VIII
1. This Convention shall be open until 31 December 1958 for signature on behalf of any Member of the United Nations also on behalf of any other State which ishereafter becomes a member of any specialized agency of the United Nationswhich ishereafter becomes a party to the Statute of the International Court of Justiceany other State to which an invitation has been addressed by the General Assembly of the United Nations.
2. This Convention shall be ratified the instrument of ratification shall be deposited with the Secretary-General of the United Nations
Article IX
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 Nations.
Article X
1. Any State may at the time of signature ratificationaccession declare that this Convention shall extend to allany 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 shall take effect as the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notificationas 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 ratificationaccession 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 necessary for constitutional reasons to the consent of the Governments of such territories
Article XI
In the case of a federalnon-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 statesprovinces 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 statesprovinces at the earliest possible moment;
(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 practice of the federation its constituent units in regard to any particular provision of this Convention showing the ex. tent to which effect has been given to that provision by legislativeother action.
Article XII
1. This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratificationaccession.
2. For each State ratifyingacceeding to this Convention after the deposit of the third instrument of ratificationaccession this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratificationaccession.
Article XIII
1. 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 declarationnotification 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 recognitionenforcement proceedings have been instituted before the denunciation takes effect.
Article XIV
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.
Article XV
The Secretary-General of the United Nations shall notify the States contemplated in Article VIII of the following:
(a) Signatures ratifications in accordance with Article VIII;
(b) Accessions in accordance with Article IX;
(c) Declarations notifications under Articles I X XI;
(d) The date upon which this Convention enters into force in accordance with Article XII;
(e) Denunciations notifications in accordance with Article XIII.
Article XVI
1. This Convention of which the Chinese English French Russian 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.
Note

1. The Convention went into force on 7 June 1959

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: 126.

Note: The Convention was prepared 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 Social Council of the United Nations adopted on 3 May 1956. The Conference met at the Headquarters of the United Nations in New York 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.