Decree No. 74 / 1959 Coll.
Decree on the Convention on the Recognition and Enforcement of Foreign Arbitration Findings
Valid
Effective from 10.10.1959
74
Decree of the Minister for Foreign Affairs
of 6 November 1959
on the Convention on the Recognition and Enforcement of Foreign Arbitration Findings
At the United Nations Conference on International Trade Arbitration, the Convention on Recognition and Enforcement of Foreign Arbitration was signed in New York on 10 June 1958.
The Government approved the Convention on 17 September 1958 and the National Assembly agreed to the Convention on 13 December 1958. The President of the Republic ratified the Convention on 27 April 1959.
Pursuant to Article XII thereof, the Convention shall enter into force on the 90th day following the deposit of the instrument of ratification with the Secretary-General of the United Nations.
For the Czechoslovak Republic, the Convention became effective on 10 October 1959.
The Czech translation of the Convention is published in the Annex to the Collection of Laws. *)
David v. r.
Annex to Decree of the Minister of Foreign Affairs No 74 / 1959 Coll., on the Convention on Recognition and Enforcement of Foreign Arbitration
CONVENTION
_
1. This Convention shall apply to the recognition and enforcement of arbitration findings arising from disputes between natural or legal persons and issued in the territory of a State other than that in which recognition and enforcement are sought. The Convention also applies to arbitration findings which are not considered to be local (national) findings in the State in which recognition and enforcement are sought.
2. The term "arbitration" shall include not only findings issued by arbitrators established for each individual case, but also findings issued by permanent arbitrators to which the Parties have submitted.
3. Any State may, when signing, ratifying or acceding to this Convention or when notifying an extension of its application pursuant to Article X, declare by reciprocity that it will use the Convention only for the recognition and enforcement of findings issued in the territory of another Contracting State. It may also declare that it will only apply the Convention to disputes arising out of the legal relations of contractual or non-contractual, which are considered to be commercial under its national law.
1. Each Contracting State shall recognise a written agreement whereby the Parties undertake to submit to arbitration all or some of the disputes arising between them or which may arise from a particular legal relationship or non-contractual relationship concerning a case which may be settled by arbitration.
2. The term "written agreement 'includes an arbitration clause in a contract or arbitration agreement signed by the parties or contained in an exchange of letters or telegrams.
3. The Court of First Instance of the Contracting State in respect of which an action has been brought in respect of a matter on which the parties have concluded an agreement within the meaning of this Article shall refer the parties to the arbitration procedure for the application of one of them, unless it finds that the said Agreement is invalid, inefficient or unfit for use.
Each Contracting State shall recognise the arbitration finding as binding and shall allow its enforcement under the rules on procedure applicable in the territory where the finding is applied, under the conditions laid down in the following Articles. The recognition and enforcement of arbitral findings covered by the Convention shall not provide for significantly more burdensome conditions or higher judicial fees than those laid down for the recognition and enforcement of arbitral findings of local (national).
1. In order to obtain the recognition and enforcement referred to in the previous Article, the party requesting recognition and enforcement shall submit together with the request:
(a) the original of the finding duly endorsed or a duly certified copy thereof;
(b) the original of the arrangement referred to in Article II or a duly certified copy thereof.
2. If that finding or arrangement is not drawn up in the official language of the country in which the arbitration finding is applied, the Party requesting recognition and enforcement of the finding shall submit a translation of those documents to that language. The translation must be verified by an official or sworn interpreter or by a diplomatic or consular representative.
1. Recognition and enforcement of the finding may be refused at the request of the party against whom the finding is applied only if that party proves to the competent authority of the country in which recognition and enforcement are sought:
(a) that the parties to the Agreement referred to in Article II have been ineligible for negotiation under the law applicable to them or that the said Agreement is not in force under the law to which the Parties have submitted this Agreement, or, in the absence of a reference in this respect, under the law of the country where the finding was issued; or
(b) that the party against whom the finding is applied has not been duly informed of the provisions of the arbitrator or of the arbitration procedure or has not been able to apply its requirements for any other reason; or
(c) that the finding concerns a dispute for which an arbitration agreement has not been concluded or which is not within the limits of the arbitration clause, or that the finding contains a decision exceeding the scope of the arbitration agreement or arbitration clause; However, if parts of the arbitration finding in cases subject to arbitration may be separated from the part of the finding which is not submitted to it, that part of the finding which contains decisions on matters subject to arbitration may be recognised and enforced; or
(d) that the composition of the arbitration panel or arbitration procedure was not in accordance with the arrangement of the parties or was not such an arrangement that it was not in conformity with the laws of the country where the arbitration procedure took place; or
(e) that the finding has not yet become binding on the parties or has been cancelled or that its enforcement has been postponed by the competent authority of the country in which or under whose legal order it was issued.
2. Recognition and enforcement of the arbitration award may also be refused if the competent authority of the country where recognition and enforcement are sought finds:
(a) that the object of the dispute cannot be the subject of arbitration proceedings under the law of that country; or
(b) that recognition or enforcement would be contrary to the public policy of that country.
Where a request has been made for revocation or postponement of the execution of the finding with the competent authority referred to in Article V (1) (e), the Office for which the finding is applied may, if it considers it appropriate, postpone the decision to execute the finding and may also, at the request of the party requesting the execution of the finding, order the other party to lodge a reasonable security.
1. The provisions of this Convention shall not affect the validity of multilateral or bilateral agreements concluded by the Contracting States on the recognition and enforcement of arbitral findings, nor may they deprive any interested party of the right to use the arbitral finding in the manner and to the extent provided for by the legislation or contracts of the country in which the finding is applied.
2. The Geneva Protocol on the Clause of Judgments of 1923 and the Geneva Convention on the Enforcement of Foreign Arbitration Statements of 1927 shall cease to apply between the Contracting States at a time and to the extent that this Convention becomes binding on them.
1. This Convention shall be open for signature by 31 December 1958 for any member of the United Nations as well as for any other State which is or becomes a member of a United Nations expert organisation or which has acceded or is subsequently acceded to the Statute of the International Court of Justice or which is invited by the United Nations General Assembly.
2. This Convention shall be ratified and the instruments of ratification deposited with the Secretary-General of the United Nations.
1. All States referred to in Article VIII may accede to this Convention.
2. Access shall be effected by the deposit of an instrument of access with the Secretary-General of the United Nations.
1. At the time of signature, ratification or accession, each State may declare that this Convention shall apply to all or certain territories for whose international relations it is responsible. Such a declaration shall take effect as soon as the Convention enters into force for the Member State concerned.
2. Any such extension shall be made at any later date by a notification addressed to the Secretary-General of the United Nations and shall enter into force on the 90th day following the service to the Secretary-General of the United Nations, or on the day on which the Convention enters into force for the State concerned, whichever is later.
3. With regard to territories not covered by this Convention at the time of signature, ratification or accession, each State concerned shall assess the possibility of taking appropriate action to extend the validity of this Convention to such territories, provided that, where constitutional provisions so require, the Government of those countries so agree.
In the case of a federal or non-uniform State, the following provisions shall apply:
(a) as regards the articles of this Convention, the implementation of which falls under the legislative authority of the federal authorities, the federal government shall be bound to the same extent as those Contracting States which are not federal States;
(b) as regards the Articles of this Convention which fall under the legislative power of the sub-States or provinces which are not under the obligation under the Federal Constitution to take legislative measures, the Federal Government shall, with a positive recommendation, notify those Articles to the relevant sub-States or provinces;
(c) the Federative State which is a party to this Convention shall provide, at the request of any other Contracting State, by means of the Secretary-General of the United Nations, information on the law and legal practice of the Federation and its parts, concerning any provision of this Convention and indicating to what extent those provisions have been implemented by legislative or other measures.
1. This Convention shall enter into force on the 90th day following the date of deposit of the third instrument of ratification or accession.
2. For each State which ratifies or accedes to the Convention after the deposit of the third instrument of ratification or accession, the Convention shall enter into force on the 90th day following the deposit of its instrument of ratification or accession.
1. Any Contracting State may terminate this Convention by giving written notice to the Secretary-General of the United Nations. The denunciation shall enter into force one year after the date of notification to the Secretary-General.
2. Any State which has made a declaration or notification pursuant to Article X may at any time thereafter declare to the Secretary-General of the United Nations that the Convention ceases to apply to the relevant territory one year after the date on which such communication was received by the Secretary-General.
3. This Convention shall remain in force for arbitration findings for which recognition and enforcement proceedings have been initiated before the termination takes effect.
Each Contracting State may invoke the provisions of this Convention against another Contracting State only to the extent that it is itself bound.
The Secretary-General of the United Nations shall notify the States referred to in Article VIII:
(a) signatures and ratifications as provided for in Article VIII;
(b) the approaches referred to in Article IX;
(c) the declarations and notifications referred to in Articles I, X and XI;
(d) the date on which this Convention enters into force pursuant to Article XII;
(e) the statements and notifications referred to in Article XIII.
This Convention, the English, Chinese, French, Russian and Spanish texts of which are equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall send a certified copy of this Convention to the States referred to in Article VIII.
On page 153.
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Regulation Information
| Citation | Decree No. 74 / 1959 Coll., on the Convention on the Recognition and Enforcement of Foreign Arbitration Findings |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.12.1959 |
|---|---|
| Effective from | 10.10.1959 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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