Comparison of Inter-American Arbitration Treaties & The New York Convention

Similar documents
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS 1

ARRANGEMENT OF SECTIONS

Article 1 Field of Application

4B. Limitation and prescription period not to apply 5. Proof of documents and evidence 6. Regulations 7. SCHEDULE

Article (1) Article (2) Khalifa Bin Zayed Al Nahyan President of the United Arab Emirates NEW YORK CONVENTION Article I Article II

United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958) United Nations (UN)


PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

OFFICIAL GAZETTE THE BAHAMAS PUBLISHED BY AUTHORITY

An Act to make certain further provisions respecting the law of arbitration

CHAPTER 7:03 ARBITRATION ACT ARRANGEMENT OF SECTIONS PART I. References by Consent Out of Court

THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS IN CYPRUS ANDREW DEMETRIOU LL.B (HONS), FCI.ARB BARRISTER AT LAW CHARTERED ARBITRATOR

Inter-American Convention on International Commercial Arbitration, Done at Panama City, January 30, 1975 O.A.S.T.S. No. 42, 14 I.L.M.

PART I ARBITRATION - CHAPTER I

Birthday s can be fraught occasions. The New

Source: BOOK: International Handbook on Commercial Arbitration, J. Paulsson (ed.), Suppl. 30 (January/2000)

21. CONVENTION CONCERNING THE INTERNATIONAL ADMINISTRATION OF THE ESTATES OF DECEASED PERSONS 1. (Concluded 2 October 1973)

THE STATUTES OF THE REPUBLIC OF SINGAPORE INTERNATIONAL ARBITRATION ACT (CHAPTER 143A)

Eighth Additional Protocol to the Constitution of the Universal Postal Union

CHAPTER 4 THE ARBITRATION AND CONCILIATION ACT. Arrangement of Sections.

New York Convention of 1958 Annotated List of Topics

PARLIAMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA ARBITRATION ACT NO. 11 OF 1995

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS IN CIVIL AND COMMERCIAL MATTERS (Concluded February 1st, 1971)

CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF DECISIONS RELATING TO MAINTENANCE OBLIGATIONS

ARBITRATION vs. CIVIL LITIGATION

CONVENTION ON CHOICE OF COURT AGREEMENTS. (Concluded 30 June 2005)

EUROPEAN AGREEMENT CONCERNING THE INTERNATIONAL CARRIAGE OF DANGEROUS GOODS BY ROAD (ADR) Article 1

ARBITRATION RULES OF THE COMMON COURT OF JUSTICE AND ARBITRATION

LEGISLATIVE DECREE OF 2 FEBRUARY 2006, No. 40 CHAPTER II: MODIFICATIONS OF THE CODE OF CIVIL PROCEDURE REGARDING ARBITRATION

INTER-AMERICAN CONVENTION ON SERVING CRIMINAL SENTENCES ABROAD

Arbitration Act, 1950

EUROPEAN INTERIM AGREEMENT ON SOCIAL SECURITY OTHER THAN SCHEMES FOR OLD AGE, INVALIDITY AND SURVIVORS AND PROTOCOL THERETO

Regional and International Activities

Vienna Convention on the Law of Treaties

LAW ON THE INTERNATIONAL COMMERCIAL ARBITRATION BULGARIA. Chapter I GENERAL PROVISIONS

VIENNA CONVENTION ON THE LAW OF TREATIES

Article I. Article II

Downloaded on April 16, Region. Sub Subject Conventions Reference Number

29. CONVENTION ON INTERNATIONAL ACCESS TO JUSTICE 1. (Concluded 25 October 1980)

CHAPTER 40 ARBITRATION ACT No. 19 OF 2000

EUROPEAN CONVENTION ON EXTRADITION. Paris, 13.XII.1957

Vienna Convention on the Law of Treaties 1969

Convention on the Settlement by Arbitration of Civil Law Disputes Resulting from Relations of Economic and Scientific-Technical Cooperation

Convention on the settlement of investment disputes between States and nationals of other States

Arbitration Act B.E. 2545

United Nations Convention on the Law of Treaties, Signed at Vienna 23 May 1969, Entry into Force: 27 January United Nations (UN)

Arbitration Act of. of Barbados. (Barbade)

BERMUDA BERMUDA INTERNATIONAL CONCILIATION AND ARBITRATION ACT : 29

PRIVATE INTERNATIONAL LAW : CONFLICT OF LAWS

FOREIGN TRADE ARBITRATION LAW. Chapter I General provisions

ASIAN DEVELOPMENT BANK

Switzerland's Federal Code on Private International Law (CPIL) 1

European Treaty Series - No. 174 CIVIL LAW CONVENTION ON CORRUPTION

ACTS OF THE PAN AFRICAN POSTAL UNION

Convention on the Law Applicable to Contracts for the International Sale of Goods, The Hague [This Convention has not yet entered into force.

EUROPEAN AGREEMENT ON TRAVEL BY YOUNG PERSONS ON COLLECTIVE PASSPORTS BETWEEN THE MEMBER COUNTRIES OF THE COUNCIL OF EUROPE

CONVENTION on the law applicable to contractual obligations (1) opened for signature in Rome on 19 June 1980

Law No. 30 Year 1999 WITH THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA

EXECUTION FOR ARBITRATION AWARD AND INSOLVENCY PROCEEDINGS BETWEEN INDONESIA AND HONG KONG COMPANY

CONVENTION ESTABLISHING THE EUROPEAN TELECOMMUNICATIONS SATELLITE ORGANIZATION EUTELSAT

(Dieses Übereinkommen wurde nur in englisch und französisch erstellt.)

SUPPLEMEMTARY PROTOCOL A/SP.1/01/05 AMENDINGING THE PREAMBLE AND ARTICLES 1, 2, 9 AND 30 OF PROTOCOL A/P.1/7/91 RELATING TO THE COMMUNITY

CONVENTION ON DIPLOMATIC ASYLUM (CARACAS, 1954)

United Nations Conference on the Law of Treaties between States and International Organizations or between International Organizations

CONVENTION ON NOMENCLATURE FOR THE CLASSIFICATION OF GOODS IN CUSTOMS TARIFFS

RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS AND COMMERCIAL ARBITRATION AWARDS IN KAZAKHSTAN

European Treaty Series - No. 173 CRIMINAL LAW CONVENTION ON CORRUPTION

Explanatory Report to the Interim Agreements concerning Social Security Schemes *

1965 CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES

Interim Agreements concerning Social Security Schemes. Explanatory Report

1965 (1st sess.), c. 80, a. 940; 1986, c. 73, s. 2.

Circular of Supreme People's Court on Implementing Convention on the Recognition and Enforcement of Foreign Arbitral Awards Entered by China

REPUBLIC OF CAPE VERDE THE ARBITRATION LAW

Consolidated text PROJET DE LOI ENTITLED. The Arbitration (Guernsey) Law, 2016 * [CONSOLIDATED TEXT] NOTE

Criminal Law Convention on Corruption

UNIFORM ACT ON ARBITRATION WITHIN THE FRAMEWORK OF THE OHADA TREATY

MESSAGE FROM THE PRESIDENT OF THE UNITED STATES

ON INTERNATIONAL AGREEMENTS LAW ON INTERNATIONAL AGREEMENTS

ANNEX V PROCEDURAL RULES ON CONCILIATION AND ARBITRATION OF CONTRACTS FINANCED BY THE EUROPEAN DEVELOPMENT FUND (EDF)

LAW N 1879/02 FOR ARBITRATION AND MEDIATION - PARAGUAY

THE STATUTES OF THE REPUBLIC OF SINGAPORE ARBITRATION ACT (CHAPTER 10)

BY S.S. NAGANAND B.COM, LL.B, A.C.A SENIOR ADVOCATE

24. CONVENTION ON THE LAW APPLICABLE TO MAINTENANCE OBLIGATIONS 1. (Concluded 2 October 1973)

OHADA. Amended treaty on the harmonization of business law in Africa 1

Dispute Resolution in Romania - Before and After Accession to the European Union

Recent Developments in Inter-American Commercial Arbitration

OBJECTS AND REASONS. Arrangement of Sections. 4. Insertion of a new PART IVA into Cap 140A. 5. Amendment to the Schedule to Cap. 140A.

The member States of the Council of Europe and the other States signatory hereto,

Arbitration Act, 2055 (1999)

UNITED NATIONS JURIDICAL YEARBOOK

The Rules of the Foreign Trade Court of Arbitration of the Chamber of Commerce and Industry of Serbia

"RATIFIED" BY R. KOCHARYAN, PRESIDENT OF THE REPUBLIC OF ARMENIA. 28 August 2002 GOVERNMENT OF THE REPUBLIC OF ARMENIA DECISION

Gafta No.125. Copyright THE GRAIN AND FEED TRADE ASSOCIATION

PRACTICE GUIDE FOR THE APPLICATION OF THE REGULATION ON THE TAKING OF EVIDENCE

Recognizing that not all Parties to this Agreement are Parties to the Convention on Environmental Impact Assessment in a Transboundary Context,

TREATY SERIES 2004 Nº 9. Criminal Law Convention on Corruption

No Authentic texts: English and French. Registered by the International Labour Organisation on 24 July 1973.

INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS

Association of Food Industries, Inc Route 66 Suite 205, Bldg. C Neptune, NJ Fax

Protocol of the Court of Justice of the African

Transcription:

Comparison of Inter-American Arbitration Treaties & The Subject Application of Convention 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 in the State where their recognition and enforcement are sough. Article I (2) - The term "arbitral awards" shall include not only awards made be arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted. Article I (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 1 - This Convention shall apply to judgments and arbitral awards rendered in civil, commercial or labor proceedings in one of the States Parties, unless at the time of ratification it makes an express reservation to limit the Convention to compensatory judgments (sentencias de condena) involving property. In addition, any one of them may declare, when ratifying the Convention, that is also applies to rulings that end proceedings, to the decisions of authorities that exercise some jurisdictional function and to judgments in penal proceedings ordering compensation for damages resulting from an offense. The rules of this Convention shall apply to arbitral awards in all matters not covered by the Inter-American Convention on International Commercial Arbitration, signed in Panama on January 30,. "Arbitral Awards" Defined Reciprocity to Only Other Signatories 1

Subject Recognition of Arbitral Agreement "Agreement in Writing" Defined 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. Article II (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. Article II (3) - The court of a Contracting State, when seized of an action in a matter in respect Referring Parties to of which the parties have made an agreement Arbitration Unless within the meaning of this article, shall, at the Agreement is Null and request of one of the parties, refer the parties to Void, Inoperative, or arbitration, unless it finds said agreement is null Incapable of Being and void, inoperative or incapable of being Performed performed. Binding Force of Arbitral Awards 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 1 - An agreement in which the parties undertake to submit to arbitral decision any differences that may arise or have arisen between them with respect to a commercial transaction is valid. The agreement shall be set forth in an instrument signed by the parties, or in the form of an exchange of letters, telegrams, or telex communications. Article 4 - An arbitral decision or award that is not appealable under the applicable law or procedural rules shall have the force of a final judicial judgment. Its execution or recognition may be ordered in the same manner as that of decisions handed down by national or foreign ordinary courts, in accordance with the procedural laws of the country where it is to be executed and the provisions of international treaties. 2

Subject Authentication / Notary Requirements 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 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. Article 2 - The foreign judgments, awards and decisions referred to in Article 1 shall have extraterritorial validity in the States Parties if they meet the following conditions: (a) They fulfill all the formal requirements necessary for them to be deemed authentic in the State of origin; (c) They are presented duly legalized in accordance with the law of the State in which they are to take effect; ------ ------------------------------------------------------------ Article 3 - The documents of proof required to request execution of judgments, awards and decisions are as follows: (a) A certified copy of the judgment, award or decision; (b) A certified copy of the documents proving that the provisions of items (e) and (f) of the foregoing article have been compiled with; and (c) A certified copy of the document stating that the judgment, award or decision is final or has the force of res judicata. 3

Subject Translation of Required Documents Enforcement Enforcement: Incapacity / Invalidity Enforcement: Proper Notice Enforcement: Difference Not Contemplated by Agreement Article IV (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: Article V (1) (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 Article 5 (1) - The recognition and execution of the decision may be refused, at the request of the party against which it is made, only if such party is able to prove to the competent authority of the State in which recognition and execution are requested: Article 5 (1) (a) - That the parties to the agreement were subject to some incapacity under the applicable law or that the agreement is not valid under the law to which the parties have submitted it, or, if such law is not specified, under the law of the State in which the decision was made; Article 5 (1) (b) - That the party against which Article V (1) (b) - The party against whom the the arbitral decision has been made was not award is invoked was not given proper notice of duly notified of the appointment of the arbitrator the appointment of the arbitrator or of the or of the arbitration procedure to be followed, or arbitration proceedings or was otherwise was unable, for any other reason, to present his unable to present his case; or defense; or Article V (1) (c) - The award deals with a difference not contemplated by or not falling Article 5 (1) ( c) - That the decision concerns a within the terms of the submission to dispute not envisaged in the agreement arbitration, or it contains decisions on matters between the parties to submit to arbitration; beyond the scope of the submission to nevertheless, if the provisions of the decision arbitration can be separated from those not so that refer to issues submitted to arbitration can submitted, that part of the award which contains be separated from those not submitted to decisions matters submitted to arbitration may arbitration, the former may be recognized and be recognized and enforced; or executed; or Article 2 (b) - The judgment, award or decision and the documents attached thereto that are required under this Convention are duly translated into the official language of the State where they are to take effect; Article 2 (e) - the plaintiff has been summoned or subpoenaed in due legal form substantially equivalent to that accepted by the law of the State where the judgment, award or decision is to take effect; Article 2 (f) - The parties had an opportunity to present their defense; 4

Subject Enforcement: Composition of Tribunal / Procedure Not In Accordance with Agreement Enforcement: Not Yet Binding Enforcement: Subject Not Capable of Settlement by Arbitration Enforcement: Public Policy Article V (1) (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 Article V (1) (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. Article V (2) (a) - The subject matter of the difference not capable of settlement by arbitration under the law of that country; or Article V (2) (b) - The recognition or enforcement of the award would be contrary to the public policy of that country. Article 5 (1) (d) - That the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the terms of the agreement signed by the parties or, in the absence of such agreement, that the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the law of the State where the arbitration took place; or Article 5 (1) (e) - That the decision is not yet binding on the parties or has been annulled or suspended by a competent authority of the State in which, or according to the law of which, the decision has been made. Article 5 (2) (a) - That the subject of the dispute cannot be settled by arbitration under the law of that State; or Article 5 (2) (b) - That the recognition or execution of the decision would be contrary to the public policy ("order public") of that State. Article 2 (g) - They are final or, where appropriate have the force of res judicata in the State in which they were rendered; Article 2 (h) - They are not manifestly contrary to the principles and laws of the public policy (ordre public) of the State in which recognition of execution is sought. Court's Abilities During Set Aside Proceeding Article VI - If an application for the setting aside or suspension of 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 6 - If the competent authority mentioned in Article 5.1(e) has been requested to annul or suspend the arbitral decision, the authority before which such decision is invoked may, if it deems it appropriate, postpone a decision on the execution of the arbitral decision and, at the request of the party requesting execution, may also instruct the other party to provide appropriate guaranties. 5

Subject Present Convention Does Not Affect Validity of Other Arbitration Treaties Window for Signatories / Requirements Acceding to Convention Appointment of Arbitrators 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. Article VII (2) - The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention 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 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 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. Article VIII (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. Article IX (2) - Accession shall be effected by th deposit of an instrument of accession with the Secretary General of the United Nations. Article 7 - This Convention shall be open for signature by the Member States of the Organization of American States. -------------------------------------------------------- Article 8 - This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States. Article 7 - This Convention shall be open for signature by the Member States of the Organization of American States. -------------------------------------------------------- Article 8 - This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States. Article 9 - This Convention shall remain open Article 9 - This Convention shall remain open for accession by any other State. The for accession by any other State. The instruments of accession shall be deposited instrument of accession shall be deposited with with the General Secretariat of the Organization the General Secretariat of the Organization of of American States. American States. Article 2 - Arbitrators shall be appointed in the manner agreed upon by the parties. Their appointment may be delegated to a third party, whether a natural or juridical person. Arbitrators may be nationals or foreigners. 6

Subject Absent Agreement on Procedure, IACAC Rules Apply Article 3 - In the absence of an express agreement between the parties, the arbitration shall be conducted in accordance with the rules of procedure of the Inter-American Commercial Arbitration Commission. Partial Execution of Judgment Article 4 - If a foreign judgment, award or decision cannot be executed in its entirety, the judge or tribunal may agree to its partial execution at the request of an interested party. Article 5 - The declaration in forma pauperis recognized in the State of origin of the judgment shall be recognized in the State of destination. Article 6 - The procedures for ensuring the validity of foreign judgments, awards and decisions, including the jurisdiction of the respective judges and tribunals, shall be governed by the law of the State in which execution is sought. Forma Pauperis Domestic Procedures Dictate Validity of Judgments / Awards 7

9

10

11

12

13

14