Arbitration
& Conciliation Act, 1996
SCHEDULE III: CONVENTION OF THE EXECUTION OF FOREIGN ARBITRAL AWARDS
[Section
53]
ARTICLE
1
(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 existing
or future differences (hereinafter called "a submission to arbitration")
covered by the Protocol on Arbitration Clauses opened at Geneva on September
24th 1923, shall be recognized as binding and shall be enforced in accordance
with the rules of the procedure of the territory where 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
and between persons who are subject to the jurisdiction of one of the
High Contracting Parties.
(2) To obtain such recognition
or enforcement, 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 arbitration
or constituted in the manner agreed upon by the parties and 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, appeal or pourvoi
en cessation (in the countries where such forms of procedure exist) or
if it is proved that any proceedings for the purpose of contesting the
validity of the award are pending;
(e) that the recognition or enforcement
of the award is not contrary to the public policy or to 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 and 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; or that,
being under a legal incapacity, he was not properly represented;
(c) that the award does not deal
with the differences contemplated by or falling within the terms of the
submission to arbitration or that 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 where recognition or enforcement of the award is sought
can, if it thinks fit, postpone such recognition or enforcement or grant
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)
and (c), and Article 2(b) and (c), entitling him to contest the validity
of the award in a court of law, the court may, if it thinks fit, either
refuse recognition or enforcement of the award or adjourn 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 award
or claiming its enforcement must supply, in particular:
(1) the original award or a copy
thereof duly authenticated, according to requirements of the law of the
country in which it was made;
(2) documentary or other 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, documentary
or other evidence to prove that the conditions laid down in Article 1,
paragraph (1) and paragraph (2) (a) and (c), have been fulfilled.
A translation of the award and
of the other documents mentioned in this Article into the official language
of the country where the award is sought to be relied upon may be demanded.
Such translations must be certified correct by a diplomatic or consular
agent of the country to which the party who seeks to rely upon the award
belongs or by a sworn translator of the country where 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 and to the extent allowed by the law
or the treaties of the country where 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 24th, 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 and Non-Member States on whose
behalf the Protocol of 1923 shall have been ratified.
Ratification 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 League or Non-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 notifications, 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 and 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, protectorates or territories under suzerainty or
mandate of any High Contracting Party unless they are specially mentioned.
The application of this Convention
to one or more of such colonies, protectorates or territories to which
the Protocol on Arbitration Clauses opened at Geneva on September 24th,
1923, applies, can be effected 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 all or any of the colonies, protectorates
or territories referred to above. Article 9 hereof applied 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 and to every Non-Member
State which signs the same. |
