Commonwealth Numbered Acts

ARBITRATION (FOREIGN AWARDS AND AGREEMENTS) ACT 1974 No. 136 of 1974 - SCHEDULE

SCHEDULE
Section 3

UNITED NATIONS CONFERENCE ON INTERNATIONAL COMMERCIAL ARBITRATION CONVENTION
ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL
AWARDS

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 beween 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
extensions 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.

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.

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 specialised 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 extensions 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.

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.

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.
------------------------------------------------------------------------------
--