Convention on the Execution of Foreign Arbitral Awards
ARTICLE 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 24th September, 1923 shall be recognised 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.
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 awards 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 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
cassation (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 the 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, 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 languages of the country where the award is sought to be relied upon may be
demanded. Such translations must be certified 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 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 of
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 24th September, 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 nonMember States on whose behalf the Protocol of 1923 shall have been ratified.
Ratifications 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 24th September,
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 any time denounce the Convention for all or any of the
Colonies, Protectorates or territories referred to above. Article 9 hereof applies 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 nonMember State which signs the same.
List of countries notified by Government of India under section 2 of the Arbitration
(Protocol and Convention) Act, 1937
Power party of the Convention Territories to which the Convention applies
His Britannic Majesty British India
The United Kingdom of Great Britain and
Northern Ireland New Foundland
The Dominion of New Zealand including
the mandated territory of Western Samoa
Bahamas
British Guiana
British Honduras
Falkland Island
Gibralter
Gold Coast
(a) Colony
(b) Ashanti
(c) Northern Territories
(d) Togoland under British Mandate
Jamaica (including Turks and Caicos Islands
and Caman Islands)
Kenya
Leeward Islands (Antigua, Dominica,
Montserrat, St. Christopper, Nevis and
Virgin Islands)
Territories of Malta (Malta and its
dependencies)
Mauritius
Northern Rhodesia
Palestine (excluding Trans-Jordan)
Tanganyika Territory
Uganda Protectorate
Windward Islands
Grenada
St. Lucia
St. Vincent
Zanzibar
The Federal President of the Austrian
Republic
Austria
His Majesty the King of Belgium Belgium
Belgium Congo The Mandated Territory of RuandaUrundi
The President of the Czechoslovak
Republic
Czechoslovakia
His Majesty the King of Denmark Denmark
The President of the Estonian Republic Estonia
The President of the Finnish Republic Finland
The President of the French Republic France
The President of the German Reich Germany
His Majesty the King of Greece Greece
His Majesty the King of Italy Italy
Her Royal Highness the Grand
Douchess of Luxembourg
Luxembourg
Her Majesty the Queen of the Netherlands The Netherlands
The Netherlands Indies
Surinam
Curaco
The President of the Portugese Republic
Portugal
His Majesty the King of Romania Romania
His Majesty the King of Siam Siam
The President of the Spanish Republic Spain
His Majesty the King of Sweden Sweden
The President and the Federal Council of the Polish
Republic
The Free City of Danzig
His Britannic Majesty Burma excluding the Karenni
States
The President of Irish Republic Ireland
List of States to the Geneva Convention on the
Execution of Foreign Arbitral Awards
States States
Albana Ceylon (now Sri Lanka)
Austria Czechoslovakia
Bahamas Danzig
Bangladesh Denmark
Belgium Estonia
Belgian Congo Falkland Island
Brazil Finland
British Guiana France
British Honduras Gambia
Burma (excluding Karenri States) Germany