WWW Virtual Library --- Arbitration Database
 
Yugoslavia

NEW YORK CONVENTION, 1958.

Date of succession: 12 March 2001.

Entry into force for : effective for Yugoslavia on 27 April 1992, the date of State succession..

Limited to Awards:

• From other Contracting States
• Relating to a Commercial relationship

The former Yugoslavia had acceded to the Convention on 26 February 1982.  Reference C.N.290.2001.TREATIES-2 (Depositary Notification) regarding Yugoslavia: Confirmation of the declaration of 28 June 1982, states:  "The Secretary-General of the United Nations, acting in his capacity as depositary, communicates the following:  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."

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."

"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 the disputes arising from the legal relations, contractual and non-contractual, which, according to its national legislation are considered as economic."
In a latter declaration(28 June 1982), it was specified that the first reservation only constituted an affirmation of the legal principle of retroactivity, and that the third reservation being essentially in accordance with article I(3), the word "only" was to be added to the original text, and note taken that the word "economic" had been used therein as a synonym for "commercial".