convention on the execution of foreign arbitral awards

article 1
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 existingfuture differences (hereinafter called " a submission to arbitration ") covered by the protocol on arbitration clauses opened at geneva on september 24 1923 shall be recognized as binding shall be enforced in accordance with the rules of the procedure of the territory the award is relied upon provided that the said award has been made in a territory of one of the high contracting parties to which the present convention applies between persons who are subject to the jurisdiction of one of the high contracting parties.
to obtain such recognitionenforcement 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 arbitrationconstituted in the manner agreed upon by the parties in conformity with the law governing the arbitration procedure;
(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 appelpourvoi en cassation (in the countries such forms of procedure exist)if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;
(e) that the recognitionenforcement of the award is not contrary to the public policyto the principles of the law of the country in which it is sought to be relied upon.
article 2
even if the conditions laid down in article 1 hereof are fulfilled recognition 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;
(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;that being under a legal incapacity he was not properly represented;
(c) that the award does not deal with the differences contemplated byfalling within the terms of the submission to arbitrationthat it contains decisions on matters beyond the scope of the submission to arbitration.
if the award has not covered all the questions submitted to the arbitral tribunal the competent authority of the country recognitionenforcement of the award is sought can if it think fit postpone such recognitionenforcementgrant it subject to such guarantee as that authority may decide.
article 3
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) (c) article 2 (b) (c) entitling him to contest the validity of the award in a court of law the court may if it thinks fit either refuse recognitionenforcement of the awardadjourn the consideration thereof giving such party a reasonable time within which to have the award annulled by the competent tribunal.
article 4
the party relying upon an awardclaiming its enforcement must supply in particular:
(1) the original awarda copy thereof duly authenticated according to the requirements of the law of the country in which it was made;
(2) documentaryother 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 documentaryother evidence to prove that the conditions laid down in article 1 paragraph 1 paragraph 2 (a) (c) have been fulfilled.
a translation of the award of the other documents mentioned in the article into the official language of the country the award is sought to be relied upon may be demed. such translation must be certified correct by a diplomaticconsular agent of the country to which the party who seeks to rely upon the award belongsby a sworn translator of the country the award is sought to be relied upon.
article 5
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 to the extent allowed by the lawthe treaties of the country such award is sought to be relied upon.
article 6
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 24 1923.
article 7
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 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.
article 8
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 effect in the case of each high contracting party three months after the deposit of the ratification on its behalf with the secretary-general of the league of nations.
article 9
the present convention may be denounced on behalf of any member of the leaguenon-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 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.
article 10
the present convention does not apply to the colonies protectoratesterritories under suzeraintymate of any high contracting party unless they are specially mentioned.
the application of this convention to onemore of such colonies protectoratesterritories to which the protocol on arbitration clauses opened at geneva on september 24 1923 applies can be affected at any time by means of a declaration addressed to the secretary-general of the league of nations by one of the high contracting parties.
such declaration shall take effect three months after the deposit thereof.
the high contracting parties can at any time denounce the convention for allany of the colonies protectoratesterritories referred to above. article 9 hereof applies to such denunciation.
article 11
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 to every non-member state which signs the same.
in faith of the above-named plenipotentiaries have signed the present convention.
done at geneva on the twenty-sixth day of september one thous nine hundred twenty-seven in a single copy of which the english french texts are both authentic which will be kept in the archives of the league of nations.