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Geneva Convention, 1927.
CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL AWARDS SIGNED AT GENEVA
ON THE TWENTY-SIXTH DAY OF SEPTEMBER, NINETEEN HUNDRED AND TWENTY-SEVEN
In the territories of
any High Contracting Party to which the present Convention applies, an
arbitral award made in pursuance of an agreement, whether relating to existing
or future differences (hereinafter called "a submission to arbitration")
covered by the Protocol on Arbitration Clauses, opened at Geneva on September
24, 1923, shall be recognised as binding and shall be enforced in accordance
with the rules of the procedure of the territory where the award is relied
upon, provided that the said award has been made in a territory of one
of the High Contractingne
of the High Contracting Parties to which the present Convention applies
and between persons who are subject to the jurisdiction of one of the High
To obtain such recognition
or enforcement, it shall, further, be necessary:—
(a) That the award has been made in pursuance of a submission
to arbitration which is valid under the law applicable thereto;
(b) That the subject-matter of the award is capable of settlement
by arbitration under the law of the country in which the award is sought
to be relied upon;
(c) That the award has been made by the Arbitral Tribunal provided
for in the submission to arbitration or constituted in the manner agreed
upon by the parties and in conformity with the law governing the arbitration
(d) That the award has become final in the country in which
it has been made, in the sense that it will not be considered as such if
it is open to opposition, appel or pourvoi en cassation
(in the countries where such forms of procedure exist) or if it is proved
that any proceedings for the purpose of contesting the validity of the
award are pending;
(e) That the recognition or enforcement of the award is not
contrary to the public policy or to the principles of the law of the country
in which it is sought to be relied upon.
Even if the conditions laid down in Article 1
hereof are fulfilled, recognition and enforcement of the award shall be
refused if the Court is satisfied:—
(a) That the award has been annulled in the country
in which it was made;
If the award has not covered all the questions submitted
to the arbitral tribunal, the competent authority of the country where
recognition or enforcement of the award is sought can, if it think fit,
postpone such recognition or enforcement or grant it subject to such guarantee
as that authority may decide.
(b) That the party against whom it is sought to use the award
was not given notice of the arbitration proceedings in sufficient time
to enable him to present his case; or that, being under a legal incapacity,
he was not properly represented;
(c) That the award does not deal with the differences contemplated
by or fading within the terms of the submission to arbitration or that
it contains decisions on matters beyond the scope of the submission to
If the party against whom the award has been made
proves that, under the law governing the arbitration procedure, there is
a ground, other than the grounds referred to in Article 1 (a) and
(c), and Article 2 (b) and (c), entitling him to conte, entitling him to contest
the validity of the award in a Court of Law, the Court may, if it thinks
fit, either refuse recognition or enforcement of the award or adjourn the
consideration thereof, giving such party a reasonable time within which
to have the award annulled by the competent tribunal.
The party relying upon an award or claiming its
enforcement must supply, in particular:—
(1) The original award or a copy thereof duly authenticated,
according to the requirements of the law of the country in which it was
A translation of the award and of the other documents
mentioned in this Article into the official language of the country where
the award is sought to be relied upon may be demanded. Such translation
must be certified correct by a diplomatic or consular agent of the country
to which the party who seeks to rely upon the award belongs or by a sworn
translator of the country where the award is sought to be relied upon.
(2) Documentary or other evidence to prove that the award has become
final, in the sense defined in Article 1 (d), in the country in
which it was made;
(3) When necessary, documentary or other evidence to prove that the
conditions laid down in Article 1, paragraph 1 and paragraph 2 (a)
and (c), have been fulfilled.
The provnbsp; The provisions of the above Articles shall not
deprive any interested party of the right of availing 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 present Convention applies only to arbitral
awards made after the coming into force of the Protocol on Arbitration
Clauses, opened at Geneva on September 24th, 1923.
The present Convention, which will remain open
to the signature of all the signatories of the Protocol of 1923 on Arbitration
Clauses, shall be ratified.
It may be ratified only on behalf of those
Members of the League of Nations and non-Member States on whose behalf
the Protocol of 1923 shall have been ratified.
Ratifications shall be deposited as soon as
possible with the Secretary-General of the League of Nations. who will
notify such deposit to all the signatories.
The present Convention shall come into force three
months after it shall have been ratified on behalf of two High Contracting
Parties. Thereafter, it shall take effects in the case of each High Contracting
Party, three months after the deposit of the ratifications on its behalf
with the Secretary-General of the League of Nations.
The present Convention may be denounced on behalf
of any Member of the League or non-Member State. Denunciation shall be
notified in writing to the Secretary-General of the League of Nations,
who will immediately send a copy thereof, certified to be in conformity
with the notification, to all the other Contracting Parties, at the same
time informing them of the date on which he received it.
The denunciation shall come into force only
in respect of the High Contracting Party which shall have notified it and
one year after such notification shall have reached the Secretary-General
of the League of Nations.
The denunciation of the Protocol on Arbitration
Clauses shall entail, ipso facto, the denunciation of the present Convention.
The present Convention does not apply to the Colonies,
Protectorates or territories under suzerainty or mandate of any High Contracting
Party unless they are specially mentioned.
The application of this Convention to one
or more of such Colonies, Protectorates or territories to which the Protocol
on Arbitration Clauses, opened at Geneva on September 24th, 1923, applies,
can be effected at any time by means of a declaration addressed to the
Secretary-General of the League of Nneral of the League of Nations by one of the High Contracting
Such declaration shall take effect three months after the deposit thereof.
The High Contracting Parties can at any time
denounce the Convention for all or any of the Colonies, Protectorates or
territories referred to above. Article 9 hereof applies to such denunciation.
A certified copy of the present Convention shall
be transmitted by the Secretary-General of the League of Nations to every
Member of the League of Nations and to every non-Member State which signs