New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards ( english Convention on the Recognition and Enforcement of Foreign Arbitral Awards , NYC ), or "New York Convention" or "New York Convention" is the most important international agreements in matters of arbitration . The signatory states undertake to accept arbitration agreements under private law as exclusion of the judicial process and to recognize and enforce arbitral awards from arbitration proceedings conducted in other states. It was signed on June 10, 1958 and entered into force on June 7, 1959.
background
The International Commercial Arbitration ( International Commercial Arbitration ) is a popular means of alternative dispute resolution in international commerce. On the one hand, it usually offers a more flexible way of reaching a solution in the event of disagreements than conventional state jurisdiction, in which the parties can only exercise limited influence over the proceedings. It also enables cross-border legal disputes to be settled in a neutral forum. The New York Convention also enables the international enforcement of arbitral awards made in this way and is often easier to achieve than with foreign court judgments, whose recognition in Germany, for example, depends on the guarantee of reciprocity , § 328 ZPO. The convention always comes into play if the debtor does not voluntarily perform and if the unsuccessful party does not have sufficient assets in the country in which the arbitration award was made (at the so-called arbitration location ), so that enforcement abroad has to be carried out.
Essential content
The New York Convention obliges the member states to recognize and enforce an award made in another state (only if a special reservation is made, this is limited to other member states - normally, arbitral awards from third countries are also favored). The exceptions are finally listed in Art. V of the Convention:
- Under the law applicable to them, one party was incapacitated.
- According to the law of the state to which the arbitration agreement was submitted by the parties or the law of the place of arbitration , the arbitration agreement was ineffective.
- A party was not given a fair hearing because it was not notified of the appointment of the arbitrators or the conduct of the proceedings or was otherwise unable to present the case.
- The subject of the award was a matter that was not covered by the arbitration agreement
- The arbitral tribunal was not constituted as agreed or, in the absence of such an agreement, contrary to the rules at the place of arbitration
- The award was set aside at the place of arbitration
- The subject of the award could not be decided by arbitration under the law of the executing state (lack of arbitrability )
- Enforcement would violate public policy in the executing state.
Contracting States
There are 157 contracting states (as of March 2017): 154 members of the United Nations (193 in total), plus the Cook Islands , the Holy See and the State of Palestine . The day of joining is given here; The Convention usually entered into force in the country concerned about three months later:
- Afghanistan , since November 30, 2004
- Egypt , since March 9, 1959
- Albania , since June 27, 2001
- Algeria , since February 7, 1989
- Andorra , since June 19, 2015
- Antigua and Barbuda , since February 2, 1989
- Argentina , since March 14, 1989
- Armenia , since December 29, 1997
- Azerbaijan , since February 29, 2000
- Australia , since March 26, 1975
- Bahamas , as of December 20, 2006
- Bahrain , since April 6, 1988
- Bangladesh , since May 6, 1992
- Barbados , since March 16, 1993
- Belgium , since August 18, 1975
- Benin , since May 16, 1974
- Bhutan , since September 25, 2014
- Bolivia , since April 28, 1995
- Bosnia and Herzegovina , since September 1, 1993
- Botswana , since December 20, 1971
- Brazil , since June 7, 2002
- Brunei , since July 25, 1996
- Bulgaria , since October 10, 1961
- Burkina Faso , since March 23, 1987
- Burundi , since June 23, 2014
- Chile , since September 4, 1975
- Cook Islands , since January 12, 2009
- Costa Rica , since October 26, 1987
- Denmark , since December 22, 1972
- Democratic Republic of the Congo , since November 5, 2014
- Germany , since June 30, 1961
- Dominica , since October 28, 1988
- Dominican Republic , since April 11, 2002
- Djibouti , since June 14, 1983
- Ecuador , since January 3, 1962
- El Salvador , since February 26, 1998
- Ivory Coast , since February 1, 1991
- Estonia , since August 30, 1993
- Fiji , since September 27, 2010
- Finland , since January 19, 1962
- France , since June 26, 1959
- Gabon , since December 15, 2006
- Georgia , since June 2, 1994
- Ghana , since April 9, 1968
- Greece , since July 16, 1962
- Guatemala , since March 21, 1984
- Guinea , since January 23, 1991
- Guyana , since September 25, 2014
- Haiti , since December 5, 1983
- Honduras , since October 3, 2000
- India , since July 13, 1960
- Indonesia , since October 7, 1981
- Iran , since October 15, 2001
- Ireland , since May 12, 1981
- Iceland , since January 24, 2002
- Israel , since January 5, 1959
- Italy , since January 31, 1969
- Jamaica , since July 10, 2002
- Japan , since June 20, 1961
- Jordan , since November 15, 1979
- Cambodia , since January 5, 1960
- Cameroon , since February 19, 1988
- Canada , since May 12, 1986
- Kazakhstan , since November 20, 1995
- Kenya , since February 10, 1989
- Kyrgyzstan , since December 18, 1996
- Colombia , since September 25, 1979
- Comoros , since April 28, 2015
- Croatia , since July 26, 1993
- Cuba , since December 30, 1974
- Kuwait , since April 28, 1978
- Laos , since June 17, 1998
- Lesotho , since June 13, 1989
- Latvia , since April 14, 1992
- Lebanon , since August 11, 1998
- Liberia , since September 16, 2005
- Liechtenstein , since July 7, 2011
- Lithuania , since March 14, 1995
- Luxembourg , since September 9, 1983
- Madagascar , since July 16, 1962
- Malaysia , since November 5, 1985
- Mali , since September 8, 1994
- Malta , since June 22, 2000
- Morocco , since February 12, 1959
- Marshall Islands , as of December 21, 2006
- Mauritania , since January 30, 1997
- Mauritius , since June 19, 1996
- Macedonia , since March 10, 1994
- Mexico , since April 14, 1971
- Moldova , since September 18, 1998
- Monaco , since June 2, 1982
- Mongolia , since October 24, 1994
- Montenegro , since October 23, 2006
- Mozambique , since June 11, 1998
- Myanmar , since April 16, 2013
- Nepal , since March 4, 1998
- New Zealand , since January 6, 1983
- Nicaragua , since September 24, 2003
- Netherlands , since April 24, 1964
- Niger , since October 14, 1964
- Nigeria , since March 17, 1970
- Norway , since March 14, 1961
- Oman , since February 25, 1999
- Austria , since May 2, 1961
- Pakistan , since July 14, 2005
- Panama , since October 10, 1984
- Paraguay , since October 8, 1997
- Peru , since July 7, 1988
- Philippines , since July 6, 1967
- Poland , since October 3, 1961
- Portugal , since October 18, 1994
- Qatar , since December 30, 2002
- Republic of Cyprus , since December 29, 1980
- Rwanda , since October 31, 2008
- Romania , since September 13, 1961
- Russia , since August 24, 1960
- Zambia , since March 14, 2002
- San Marino , since May 17, 1979
- Saudi Arabia , since April 19, 1994
- São Tomé e Príncipe , since February 18, 2013
- Sweden , since January 28, 1972
- Switzerland , since June 1, 1965
- Senegal , since October 17, 1994
- Serbia , since March 12, 2001
- Zimbabwe , since September 29, 1994
- Singapore , since August 21, 1986
- Slovakia , since May 28, 1993
- Slovenia , since July 6, 1992
- Spain , since May 12, 1977
- Sri Lanka , since April 9, 1962
- St. Vincent and the Grenadines , since September 12, 2000
- State of Palestine , since January 2, 2015
- South Africa , since May 3, 1976
- South Korea , since February 8, 1973
- Syria , since March 9, 1959
- Tajikistan , since August 14, 2012
- Tanzania , since October 13, 1964
- Thailand , since December 21, 1959
- Trinidad and Tobago , since February 14, 1966
- Czech Republic , since September 30, 1993
- Tunisia , since July 17, 1967
- Turkey , since July 2, 1992
- Uganda , since February 12, 1992
- Ukraine , since October 10, 1960
- Hungary , since March 5, 1962
- Uruguay , since March 30, 1983
- Uzbekistan , since February 7, 1996
- Vatican State , since May 14, 1975
- Venezuela , since February 8, 1995
- United Arab Emirates , since August 21, 2006
- United States , since September 30, 1970
- United Kingdom , since September 24, 1975
- Vietnam , since September 12, 1995
- People's Republic of China , since January 22, 1987
- Belarus , since November 15, 1960
- Central African Republic , since October 15, 1962
Web links
- Text of the convention (English; PDF; 1.1 MB)
- Text of the convention (German; PDF; 78 kB)
- Regularly updated list of signatory states to the Convention
- 1958 New York Convention Guide (English)
- Materials collection of Jan van den Berg (English)
See also
- EuGVVO for the recognition and enforcement of state court judgments within the European Union
- European Jurisdiction and Enforcement Convention
- Principle of extension of effects
- Exequatur