1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT
OF FOREIGN ARBITRAL AWARDS
Adopted in New York, USA on 10 June 1958
ARTICLE I ............................................................................................................................................... 2
ARTICLE II .............................................................................................................................................. 2
ARTICLE III ............................................................................................................................................. 2
ARTICLE IV ............................................................................................................................................. 3
ARTICLE V .............................................................................................................................................. 3
ARTICLE VI ............................................................................................................................................. 4
ARTICLE VII ............................................................................................................................................ 4
ARTICLE VIII ........................................................................................................................................... 4
ARTICLE IX ............................................................................................................................................. 4
ARTICLE X .............................................................................................................................................. 4
ARTICLE XI ............................................................................................................................................. 5
ARTICLE XII ............................................................................................................................................ 5
ARTICLE XIII ........................................................................................................................................... 5
ARTICLE XIV .......................................................................................................................................... 6
ARTICLE XV ........................................................................................................................................... 6
ARTICLE XVI .......................................................................................................................................... 6
UNOFFICIAL TEXT · CENTRE FOR INTERNATIONAL LAW · www.cil.nus.edu.sg
1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT
OF FOREIGN ARBITRAL AWARDS
Adopted in New York, USA on 10 June 1958
ARTICLE I
1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the
territory of a State other than the State where the recognition and enforcement of such
awards are sought, and arising out of differences between persons, whether physical or legal.
It shall also apply to arbitral awards not considered as domestic awards in the State where
their recognition and 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, ratifying or acceding to this Convention, or notifying extension under article X
hereof, any State may on the basis of reciprocity declare that it will apply the Convention to
the recognition and 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 contractual or not, 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 all or any differences which have arisen or which may arise
between them in respect of a defined legal relationship, whether contractual or not,
concerning a subject matter capable of settlement by arbitration.
2. The term “agreement in writing” shall include an arbitral clause in a contract or an arbitration
agreement, signed by the parties or contained in an exchange of letters or telegrams.
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 and
void, inoperative or incapable of being performed.
ARTICLE III
Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance
with the rules of procedure of the territory where the award is relied upon, under the conditions laid
down in the following articles. There shall not be imposed substantially more onerous conditions or
higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention
applies than are imposed on the recognition or enforcement of domestic arbitral awards.
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1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
ARTICLE IV
1. To obtain the recognition and enforcement mentioned in the preceding article, the party
applying for recognition and enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified copy thereof;
(b) The original agreement referred to in article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an official language of the country in which the
award is relied upon, the party applying for recognition and enforcement of the award shall
produce a translation of these documents into such language. The translation shall be
certified by an official or sworn translator or by a diplomatic or consular agent.
ARTICLE V
1. Recognition and 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 where the
recognition and 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 incapacity, or the 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 where the award was made; or
(b) The party against whom the award is invoked was not given proper notice of the
appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to
present his case; or
(c) The award deals with a difference not contemplated by or not falling within the terms of
the submission to arbitration, or it 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 from those not so submitted, that part of the award which
contains decisions on matters submitted to arbitration may be recognized and enforced;
or
(d) The composition of the arbitral authority or the 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 where the arbitration took place; or
(e) The award has not yet become binding on the parties, or has been set aside or
suspended by a competent authority of the country in which, or under the law of which,
that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the competent
authority in the country where recognition and 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; or
(b) The recognition or enforcement of the award would be contrary to the public policy of that
country.
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1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
ARTICLE VI
If an application for the setting aside or suspension 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 and 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 multilateral or bilateral
agreements concerning the recognition and 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 and to the extent allowed by the law or the treaties
of the country where such award is sought to be relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the
Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting
States on their becoming bound and 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 and also on behalf of any other State which is or hereafter becomes a
member of any specialized agency of the United Nations, or which is or hereafter becomes a
party to the Statute of the International Court of Justice, or any other State to which an
invitation has been addressed by the General Assembly of the United Nations.
2. This Convention shall be ratified and 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, ratification or accession, declare that this Convention
shall extend to all or any 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 and shall take effect as from the ninetieth day after
the day of receipt by the Secretary-General of the United Nations of this notification, or as
from the date of entry into force of the Convention for the State concerned, whichever is the
later.
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1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
3. With respect to those territories to which this Convention is not extended at the time of
signature, ratification or accession, 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, where necessary for constitutional reasons, to the consent of the
Governments of such territories.
ARTICLE XI
In the case of a federal or non-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 states or provinces 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
states or provinces 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 and practice of the federation and its constituent units in regard to any particular provision
of this Convention, showing the extent to which effect has been given to that provision by
legislative or other action.
ARTICLE XII
1. This Convention shall come into force on the ninetieth day following the date of deposit of the
third instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit of the third instrument
of ratification or accession, this Convention shall enter into force on the ninetieth day after
deposit by such State of its instrument of ratification or accession.
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 declaration or notification 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
recognition or enforcement proceedings have been instituted before the denunciation takes
effect.
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1958 CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
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 and ratifications in accordance with article VIII;
(b) Accessions in accordance with article IX;
(c) Declarations and notifications under articles I, X and XI;
(d) The date upon which this Convention enters into force in accordance with article XII;
(e) Denunciations and notifications in accordance with article XIII.
ARTICLE XVI
1. This Convention, of which the Chinese, English, French, Russian and 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.
I hereby certify that the foregoing text is a true copy of the Convention on the Recognition and
Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958, the original of which is
deposited with the Secretary-General of the United Nations, as the said Convention was opened for
signature, and that it includes the necessary rectifications of typographical errors, as approved by the
Parties.
For the Secretary-General, The Legal Counsel:
Carl-August Fleischhauer
United Nations. New York 6 July 1988
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