Cap. 387 Art. 83Interest awards.

Unless the parties to an arbitration agreement have otherwise agreed in writing, articles 63 and 64 shall apply to any domestic arbitration carried out under Part IV and to any international arbitration where, in accordance with article 60, the said Part IV shall apply. UNITED NATIONS COMMISSION ON INTERNATIONAL

MODEL LAW ON INTERNATIONAL COMMERCIAL ARBITRATION (ADOPTED, JUNE 21, 1985)

UNCITRAL Model Law on International Commercial Arbitration

(as adopted by the United Nations Commission on International 21 June 1985)

CHAPTER I. GENERAL PROVISIONS

† Article 1. Scope of application

(1) This law applies to international commercial‡ arbitration, agreement in force between this State and any other State or States.

(2) The provisions of this law, except articles 8, 9, 35 and 36, place of arbitration is in the territory of this State.

(3) An arbitration is international if:

(a) the parties to an arbitration agreement have, at conclusion of that agreement, their places of business States; or

(b) one of the following places is situated outside the State parties have their places of business:

(i) the place of arbitration if determined in, or arbitration agreement;

(ii) any place where a substantial part of the obligations commercial relationship is to be performed or which the subject-matter of the dispute is most closely or

(c) the parties have expressly agreed that the subject-matter arbitration agreement relates to more than one country.

(4) For the purposes of paragraph (3);

(a) if a party has more than one place of business, the place that which has the closest relationship to the arbitration

(b) if a party does not have a place of business, reference his habitual residence.

*Reproduced from the Report from the United Nations Commission on International Trade of the eighteenth session (June 3-21, 1985), U.N. General Assembly Official Records Supplement No. 17 (A/4O/17), Annex I, pp. 81-93. †Article Headings are for the reference purposes only and are not to be used for purposes ‡ The term "commercial" should be given a wide interpretation so as to cover matters relationships of a commercial nature, whether contractual or not. Relationships of include, but are not limited to, the following transactions: any trade transaction for the goods or services; distribution agreement; commercial representation or agency; construction of works; consulting; engineering; licensing; investments; financing; exploitation agreement or concession; joint venture and other forms of industrial or carriage of goods or passengers by air, sea, rail or road. purposes of this Law: "arbitration" means any arbitration whether or not administered by a permanent arbitral institution; "arbitral tribunal" means a sole arbitrator or a panel of arbitrators; "court" means a body or organ of the judicial system of a State; where a provision of this Law, except article 28, leaves the parties free determine a certain issue, such freedom includes the right of the parties to authorise a third party, including an institution, to make that determination; where a provision of this Law refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement the parties, such agreement includes any arbitration rules referred to that agreement; where a provision of this Law, other than in articles 25 (a) and 32 (2) refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.

Receipt of written communications otherwise agreed by the parties: written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known of business, habitual residence or mailing address by registered or any other means which provides a record of the attempt to deliver it; communication is deemed to have been received on the day it is so delivered. provisions of this article do not apply to communications in court

Waiver of right to object knows that any provisions of this Law from which the parties may requirement under the arbitration agreement has not been complied proceeds with the arbitration without stating his objection to such non-without undue delay or, if a time-limit is provided therefor, within such shall be deemed to have waived his right to object. Extent of court intervention governed by this Law, no court shall intervene except where so Law.

Court or other authority for certain functions of arbitration assistance and supervision referred to in articles 11(3), 11(4), 13 (3), 14, 16 (3) and 34 (2) shall CHAPTER II. ARBITRATION AGREEMENT

Article 7. Definition and form of arbitration agreement

(1) "Arbitration agreement" is an agreement by the parties arbitration all or certain disputes which have arisen or which may them in respect of a defined legal relationship, whether contractual arbitration agreement may be in the form of an arbitration clause in the form of a separate agreement.

(2) The arbitration agreement shall be in writing. An agreement it is contained in a document signed by the parties or in an exchange telegrams or other means of telecommunication which provide agreement, or in an exchange of statements of claim and defence existence of an agreement is alleged by one party and not denied reference in a contract to a document containing an arbitration clause arbitration agreement provided that the contract is in writing and such as to make that clause part of the contract. Article 8. Arbitration agreement and substantive claim before

(1) A court before which an action is brought in a matter which an arbitration agreement shall, if a party so requests not later than his first statement on the substance of the dispute, refer the parties unless it finds that the agreement is null and void, inoperative or incapable performed.

(2) Where an action referred to in paragraph (1) has been proceedings may nevertheless be commenced or continued and made, while the issue is pending before the court. Article 9. Arbitration agreement and interim measures by court It is not incompatible with an arbitration agreement for a party or during arbitral proceedings, from a court an interim measure of protection a court to grant such measure.

CHAPTER III. COMPOSITION OF ARBITRAL TRIBUNAL

Article 10. Number of arbitrators

(1) The parties are free to determine the number of arbitrators.

(2) Failing such determination, the number of arbitrators shall Article 11. Appointment of arbitrators

(1) No person shall be precluded by reason of his nationality arbitrator, unless otherwise agreed by the parties.

(2) The parties are free to agree on a procedure of appointing arbitrators, subject to the provisions of paragraphs (4) and (5).

(3) Failing such agreement,

(a) in an arbitration with three arbitrators, each party shall appointment, the appointment shall be made, upon request of a party, by court or other authority specified in article 6; arbitration with a sole arbitrator, if the parties are unable to agree the arbitrator, he shall be appointed, upon request of a party, by the or other authority specified in article 6. under an appointment procedure agreed upon by the parties, party fails to act as required under such procedure, or parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or third party, including an institution, fails to perform any function entrusted to it under such procedure, request the court or other authority specified in article 6 to take the measure, unless the agreement on the appointment procedure provides securing the appointment.

decision on a matter entrusted by paragraph (3) or (4) to the court or other specified in article 6 shall be subject to no appeal. The court or other appointing an arbitrator, shall have due regard to any qualifications arbitrator by the agreement of the parties and to such considerations secure the appointment of an independent and impartial arbitrator of a sole or third arbitrator, shall take into account as well the appointing an arbitrator of a nationality other than those of the

Grounds for challenge person is approached in connection with his possible appointment as shall disclose any circumstances likely to give rise to justifiable impartiality or independence. An arbitrator, from the time of his throughout the arbitral proceedings, shall without delay disclose circumstances to the parties unless they have already been informed of arbitrator may be challenged only if circumstances exist that give rise to doubts as to his impartiality or independence, or if he does not possess agreed to by the parties. A party may challenge an arbitrator appointed whose appointment he has participated, only for reasons of which he after the appointment has been made.

Challenge procedure parties are free to agree on a procedure for challenging an arbitrator, provisions of paragraph (3). such agreement, a party who intends to challenge an arbitrator shall, days after becoming aware of the constitution of the arbitral tribunal becoming aware of any circumstances referred to in article 12 (2), send a of the reasons for the challenge to the arbitral tribunal. Unless the arbitrator withdraws from his office or the other party agrees to the arbitral tribunal shall decide on the challenge.

challenge under any procedure agreed upon by the parties or under the pending, the arbitral tribunal, including the challenged arbitrator, arbitral proceedings and make an award.

Article 14. Failure or impossibility to act

(1) If an arbitrator becomes de jure or de facto unable to perform or for other reasons fails to act without undue delay, his mandate withdraws from his office or if the parties agree on the termination. controversy remains concerning any of these grounds, any party court or other authority specified in article 6 to decide on the termination mandate, which decision shall be subject to no appeal.

(2) If, under this article or article 13 (2), an arbitrator withdraws or a party agrees to the termination of the mandate of an arbitrator, imply acceptance of the validity of any ground referred to in this article (2). Article 15. Appointment of substitute arbitrator Where the mandate of an arbitrator terminates under article 13 or his withdrawal from office for any other reason or because of the mandate by agreement of the parties or in any other case of termination mandate, a substitute arbitrator shall be appointed according to the applicable to the appointment of the arbitrator being replaced.

CHAPTER IV. JURISDICTION OF ARBITRAL TRIBUNAL

Article 16. Competence of arbitral tribunal to rule on its jurisdiction

(1) The arbitral tribunal may rule on its own jurisdiction, objections with respect to the existence or validity of the arbitration that purpose, an arbitration clause which forms part of a contract shall an agreement independent of the other terms of the contract. A arbitral tribunal that the contract is null and void shall not entail invalidity of the arbitration clause.

(2) A plea that the arbitral tribunal does not have jurisdiction shall later than the submission of the statement of defence. A party is not raising such a plea by the fact that he has appointed, or participated appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding of its authority shall be raised as soon as the matter alleged to be beyond its authority is raised during the arbitral proceedings. The arbitral either case, admit a later plea if it considers the delay justified.

(3) The arbitral tribunal may rule on a plea referred to in paragraph a preliminary question or in an award on the merits. If the arbitral tribunal preliminary question that it has jurisdiction, any part may request, after having received notice of that ruling, the court specified in article the matter, which decision shall be subject to no appeal; while pending, the arbitral tribunal may continue the arbitral proceedings award. Article 17. Power of arbitral tribunal to order interim measures Unless otherwise agreed by the parties, the arbitral tribunal may, CHAPTER V. CONDUCT OF ARBITRAL PROCEEDINGS

Equal treatment of parties shall be treated with equality and each party shall be given a full presenting his case.

Determination of rules of procedure to the provisions of this Law, the parties are free to agree on the followed by the arbitral tribunal in conducting the proceedings. such agreement, the arbitral tribunal may, subject to the provisions conduct the arbitration in such manner as it considers appropriate. The upon the arbitral tribunal includes the power to determine the relevance, materiality and weight of any evidence. of arbitration parties are free to agree on the place of arbitration. Failing such place of arbitration shall be determined by the arbitral tribunal having circumstances of the case, including the convenience of the parties. Notwithstanding the provisions of paragraph (1), the arbitral tribunal may, agreed by the parties, meet at any place it considers appropriate for among its members, for hearing witnesses, experts or the parties, or for goods, other property or documents.

Commencement of arbitral proceedings otherwise agreed by the parties, the arbitral proceedings in respect of a dispute commence on the date on which a request for that dispute to be arbitration is received by the respondent.

Language parties are free to agree on the language or languages to be used in the proceedings. Failing such agreement, the arbitral tribunal shall determine the languages to be used in the proceedings. This agreement or unless otherwise specified therein, shall apply to any written party, any hearing and any award, decision or other communication tribunal.

arbitral tribunal may order that any documentary evidence shall be a translation into the language or languages agreed upon by the determined by the arbitral tribunal. Statement of claim and defence the period of time agreed by the parties or determined by the arbitral claimant shall state the facts supporting the claim, the points at issue remedy sought, and the respondent shall state his defence in respect particulars, unless the parties have otherwise agreed as to the required such statements. The parties may submit with their statements all consider to be relevant or may add a reference to the documents or they will submit. Article 24. Hearing and written proceedings

(1) Subject to any contrary agreement by the parties, the arbitral decide whether to hold oral hearings for the presentation of evidence argument, or whether the proceedings shall be conducted on the basis and other materials. However, unless the parties have agreed that be held, the arbitral tribunal shall hold such hearings at an appropriate proceedings, if so requested by a party.

(2) The parties shall be given sufficient advance notice of any any meeting of the arbitral tribunal for the purposes of inspection property or documents.

(3) All statements, documents or other information supplied tribunal by one party shall be communicated to the other party. report or evidentiary document on which the arbitral tribunal may decision shall be communicated to the parties. Article 25. Default of a party

Unless otherwise agreed by the parties, if, without showing sufficient

(a) the claimant fails to communicate his statement of claim with article 23 (1), the arbitral tribunal shall terminate

(b) the respondent fails to communicate his statement accordance with article 23 (1), the arbitral tribunal shall proceedings without treating such failure in itself as an claimant’s allegations;

(c) any party fails to appear at a hearing or to produce evidence, the arbitral tribunal may continue the proceedings the award on the evidence before it. Article 26. Expert appointed by arbitral tribunal

(1) Unless otherwise agreed by the parties, the arbitral tribunal,

(a) may appoint one or more experts to report to it on specific determined by the arbitral tribunal;

(b) may require a party to give the expert any relevant produce, or to provide access to, any relevant documents, property for his inspection.

(2) Unless otherwise agreed by the parties, if a party so requests arbitral tribunal considers it necessary, the expert shall, after delivery or oral report, participate in a hearing where the parties have the opportunity questions to him and to present expert witnesses in order to testify issue. Article 27. Court assistance in taking evidence

The arbitral tribunal or a party with the approval of the arbitral request from a competent court of this State assistance in taking evidence. may execute the request within its competence and according to its evidence. chosen by the parties as applicable to the substance of the dispute. Any the law or legal system of a given State shall be construed, unless expressed, as directly referring to the substantive law of that State and not laws rules. any designation by the parties, the arbitral tribunal shall apply the by the conflict of laws rules which it considers applicable. arbitral tribunal shall decide ex aequo et bono or as amiable if the parties have expressly authorised it to do so. cases, the arbitral tribunal shall decide in accordance with the terms of shall take into account the usages of the trade applicable to the

Decision-making by panel of arbitrators proceedings with more than one arbitrator, any decision of the arbitral made, unless otherwise agreed by the parties, by a majority of all its However, questions of procedure may be decided by a presiding arbitrator, by the parties or all members of the arbitral tribunal.

Settlement during arbitral proceedings, the parties settle the dispute, the arbitral terminate the proceedings and, if requested by the parties and not the arbitral tribunal, record the settlement in the form of an arbitral terms. award on agreed terms shall be made in accordance with the provisions shall state that it is an award. Such an award has the same status and other award on the merits of the case. and contents of award award shall be made in writing and shall be signed by the arbitrator or arbitral proceedings with more than one arbitrator, the signatures of all members of the arbitral tribunal shall suffice, provided that the omitted signature is stated.

award shall state the reasons upon which it is based, unless the parties no reasons are to be given or the award is an award on agreed terms award shall state its date and the place of arbitration as determined in article 20 (1). The award shall be deemed to have been made at that award is made, a copy signed by the arbitrators in accordance with shall be delivered to each party. Termination of proceedings arbitral proceedings are terminated by the final award or by an order of tribunal in accordance with paragraph (2). arbitral tribunal shall issue an order for the termination of the arbitral when:

(c) the arbitral tribunal finds that the continuation of the for any other reason become unnecessary or impossible.

(3) The mandate of the arbitral tribunal terminates with the termination arbitral proceedings, subject to the provisions of articles 33 and 34 Article 33. Correction and interpretation of award, additional award

(1) Within thirty days of receipt of the award, unless another period been agreed upon by the parties:

(a) a party, with notice to the other party, may request the to correct in the award any errors in computation, typographical errors or any errors of similar nature;

(b) if so agreed by the parties, a party, with notice to the request the arbitral tribunal to give an interpretation of or part of the award.

If the arbitral tribunal considers the request to be justified, correction or give the interpretation within thirty days of receipt of interpretation shall form part of the award.

(2) The arbitral tribunal may correct any error of the type paragraph (1) (a) on its own initiative within thirty days of the date

(3) Unless otherwise agreed by the parties, a party, with notice party, may request, within thirty days of receipt of the award, the arbitral make an additional award as to claims presented in the arbitral omitted from the award. If the arbitral tribunal considers the request it shall make the additional award within sixty days.

(4) The arbitral tribunal may extend, if necessary, the period which it shall make a correction, interpretation or an additional paragraph (1) or (3).

(5) The provisions of article 31 shall apply to a correction or the award or to an additional award.

CHAPTER VII. RECOURSE AGAINST AWARD

Article 34. Application for setting aside as exclusive recourse award

(1) Recourse to a court against an arbitral award may be made application for setting aside in accordance with paragraphs (2) and

(2) An arbitral award may be set aside by the court specified in

(a) the party making the application furnishes proof that:

(i) a party to the arbitration agreement referred to under some incapacity; or the said agreement is the law to which the parties have subjected indication thereon, under the law of this State; or

(ii) the party making the application was not given 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, only that part of the award which contains decisions on matters not submitted to arbitration may be set aside; or the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties, unless such agreement was in conflict with a provision of this Law from which the parties cannot derogate, or, failing such agreement, was not in accordance with this Law; or court finds that: the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; or the award is in conflict with the public policy of this State. application for setting aside may not be made after three months have date on which the party making that application had received the request had been made under article 33, from the date on which that disposed of by the Arbitration Tribunal. court, when asked to set aside an award, may, where appropriate and so party, suspend the setting aside proceedings for a period of time it in order to give the arbitral tribunal an opportunity to resume the proceedings or to take such action as in the arbitral tribunal’s opinion will grounds for setting aside.

VIII. RECOGNITION AND ENFORCEMENT OF AWARDS

Recognition and Enforcement arbitral award, irrespective of the country in which it was made, shall be binding and, upon application in writing to the competent court, shall subject to the provisions of this article and of article 36. party relying on an award or applying for its enforcement shall supply authenticated original award or a duly certified copy thereof, and the arbitration agreement referred to in article 7 or a duly certified copy thereof. agreement is not made in an official language of this State, the party * duly certified translation thereof into such language. Grounds for refusing recognition or enforcement

Recognition or enforcement of an arbitral award, irrespective of the country made, may be refused only:

the request of the party against whom it is invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:

forth in this paragraph are intended to set maximum standards. It would, thus, not be harmonization to be achieved by the Model Law if a State retained even less onerous was made; or

(ii) the party against whom the award is invoked was notice of the appointment of an arbitrator or proceedings or was otherwise unable to present his

(iii) the award deals with a dispute not contemplated within the terms of the submission to arbitration, decisions on matters beyond the scope of the arbitration, provided that, if the decision on matters arbitration can be separated from those not so submitted, of the award which contains decisions on matters arbitration may be recognised and enforced; or

(iv) the composition of the arbitral tribunal or the arbitral was not in accordance with the agreement of the such agreement, was not in accordance with the law where the arbitration took place; or

(v) the award has not yet become binding on the parties set aside or suspended by a court of the country in the law of which, that award was made; or

(b) if the court finds that:

(i) the subject-matter of the dispute is not capable arbitration under the law of this State; or

(ii) the recognition or enforcement of the award would the public policy of this State.

(2) If an application for setting aside or suspension of an award to a court referred to in paragraph (1) (a) (v), the court where enforcement is sought may, if it considers it proper, adjourn its decision also, on the application of the party claiming recognition or enforcement award, order the other party to provide appropriate security. L.N. 304 of 2004. PROTOCOL ON ARBITRATION CLAUSES (GENEVA 1923)

undersigned, being duly authorised, declare that they accept, on behalf which they represent, the following provisions:

the Contracting States recognises the validity of an agreement relating to existing or future differences between parties, subject the jurisdiction of different Contracting States by which the parties to to submit to arbitration all or any differences that may arise in such contract relating to commercial matters or to any other matter settlement by arbitration, whether or not the arbitration is to take place in whose jurisdiction none of the parties is subject. Contracting State reserves the right to limit the obligation mentioned contracts which are considered as commercial under its national law. Any which avails itself of this right will notify the Secretary-General of Nations, in order that the other Contracting States may be so informed. arbitral procedure, including the constitution of the arbitral tribunal, governed by the will of the parties and by the law of the country in whose arbitration takes place. Contracting States agree to facilitate all steps in the procedure which taken in their own territories, in accordance with the provisions of their arbitral procedure applicable to existing differences.

Contracting State undertakes to ensure the execution by its authorities accordance with the provisions of its national laws of arbitral awards made in under the preceding articles. tribunals of the Contracting Parties, on being seized of a dispute contract made between persons to whom Article I applies and including Agreement whether referring to present or future differences which is the said article and capable of being carried into effect, shall refer application of either of them to the decision of the arbitrators. reference shall not prejudice the competence of the judicial tribunals in agreement or the arbitration cannot proceed or becomes inoperative. present Protocol, which shall remain open for signature by all States, The ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify such deposit to all the present Protocol will come into force as soon as two ratifications have Thereafter it will take effect, in the case of each Contracting State, the notification by the Secretary-General of the deposit of present Protocol may be denounced by any Contracting State on giving notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will immediately transmit copies of such the other Signatory States and inform them of the date on which it The denunciation shall take effect one year after the date on which it their colonies, overseas possessions or territories, protectorates or the which they exercise a mandate. The said States may subsequently adhere separately on territory thus excluded. The Secretary-General of the League of informed as soon as possible of such adhesions. He shall notify such Signatory States. They will take effect one month after the notification Secretary-General to all Signatory States. The Contracting States may also denounce the Protocol separately of any of the territories referred to above. Article 7 applies to such Part II

CONVENTION ON THE EXECUTION OF FOREIGN ARBITRAL (GENEVA 1927)

Article 1 In the territories of any High Contracting Party to which Convention applies, all arbitral awards made in pursuance of an agreement relating to existing or future differences (hereinafter called "a arbitration") covered by the Protocol on Arbitration Clauses, opened September 24, 1923, shall be recognised as binding and shall accordance with the rules of the procedure of the territory where the upon, provided that the said award has been made in a territory of Contracting Parties to which the present Convention applies and who are subject to the jurisdiction of one of the High Contracting Parties.

To obtain such recognition or enforcement, it shall, further,

(a) That the award has been made in pursuance of arbitration which is valid under the law applicable thereto;

(b) That the subject-matter of the award is capable of arbitration under the law of the country in which the award be relied upon;

(c) That the award has been made by the Arbitral Tribunal the submission to arbitration or constituted in the manner by the parties and in conformity with the law governing procedure;

(d) That the award has become final in the country in which made, in the sense that it will not be considered as such opposition, appeal or pourvoi en cassation (in the countries forms of procedure exist) or if it is proved that any proceedings purpose of contesting the validity of the award are pending;

(e) That the recognition or enforcement of the award is not public policy or to the principles of the law of the country sought to be relied upon. Article 2

Even if the conditions laid down in Article 1 hereof are fulfilled, and enforcement of the award shall be refused if the Court is satisfied: properly represented; 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. award has not covered all the questions submitted to the arbitral competent authority of the country where recognition or enforcement of sought can, if it thinks fit, postpone such recognition or enforcement or to such guarantee as that authority may decide.

party against whom the award has been made proves that under the the arbitration procedure, there is a ground, other than the grounds Article 1 (a) and (c), and Article 2 (b) and (c), entitling him to contest the award in a Court of Law, the Court may, if it thinks fit, either recognition or enforcement of the award or adjourn the consideration thereof, a reasonable time within which to have the award annulled by the tribunal.

relying upon an award or claiming its enforcement must supply, in original award or a copy thereof duly authenticated, according to requirements of the law of the country in which it was made; Documentary or other evidence to prove that the award has become in the sense defined in Article 1 (d), in the country in which it was made; When necessary, documentary or other evidence to prove that the condition laid down in Article 1, paragraph 1 and paragraph 2 (a) and have been fulfilled. translation of the award and of the other documents mentioned in the official language of the country where the award is sought to be be demanded. Such translation must be certified correct by a consular agent of the country to which the party who seeks to rely belongs or by a sworn translator of the country where the award is relied upon.

provisions of the above Articles shall not deprive any interested party of availing himself of an arbitral award in the manner and to the extent law or the treaties of the country where such award is sought to be present Convention applies only to arbitral awards made after the force of the Protocol on Arbitration Clauses, opened at Geneva on 1923. It may be ratified only on behalf of those Members of the League and non-Member States on whose behalf the Protocol of 1923 ratified. Ratifications shall be deposited as soon as possible with General of the League of Nations, who will notify such deposit to all Article 8 The present Convention shall come into force three months have been ratified on behalf of two High Contracting Parties. Thereafter, effect, in the case of each High Contracting Party, three months after the ratification on its behalf with the Secretary-General of the League

Article 9 The present Convention may be denounced on behalf of any League or non-Member State. Denunciation shall be notified Secretary-General of the League of Nations, who will immediately thereof, certified to be in conformity with the notification, Contracting Parties, at the same time informing them of the date received it.

The denunciation shall come into force only in respect Contracting Party which shall have notified it and one year after shall have reached the Secretary-General of the League of Nations. of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation present Convention.

Article 10 The present Convention does not apply to the Colonies, territories under suzerainty or mandate of any High Contracting Party specially mentioned.

The application of this Convention to one or more of Protectorates or territories to which the Protocol on Arbitration Clauses, Geneva on September 24, 1923, applies, can be affected at any time declaration addressed to the Secretary-General of the League of Nations the High Contracting Parties.

Such declaration shall take effect three months after the deposit The High Contracting Parties can at any time denounce the all or any of the Colonies, Protectorates or territories referred to hereof applies to such denunciation.

Article 11 A certified copy of the present Convention shall be transmitted Secretary-General of the League of Nations to every Member Nations and to every non-Member State which signs the same.

In faith whereof the above-named Plenipotentiaries have signed Convention.

DONE AT Geneva, on the twenty-sixth day of September one hundred and twenty- seven, in a single copy, of which the English FOREIGN ARBITRAL AWARDS (NEW YORK 1958)

Convention shall apply to the recognition and enforcement of arbitral the territory of a State other than the State where the recognition and such awards are sought, and arising out of differences between whether physical or legal. It shall also apply to arbitral awards not domestic awards in the State where their recognition and enforcement

"arbitral awards" shall include not only awards made by arbitrators each case but also those made by permanent arbitral bodies to which submitted. signing, ratifying or acceding to this Convention, or notifying article X hereof, any State may on the basis of reciprocity declare the Convention to the recognition and enforcement of awards made territory of another Contracting State. It may also declare that it will Convention only to differences arising out of legal relationships, whether not, which are considered as commercial under the national law of the such declaration.

Contracting State shall recognize an agreement in writing under which undertake to submit to arbitration all or any differences which have arisen arise between them in respect of a defined legal relationship, whether not, concerning a subject matter capable of settlement by arbitration. "agreement in writing" shall include an arbitral clause in a contract agreement, signed by the parties or contained in an exchange of telegrams. court of a Contracting State, when seized of an action in a matter in the parties have made an agreement within the meaning of this the request of one of the parties, refer the parties to arbitration, that the said agreement is null and void, inoperative or incapable of

Contracting State shall recognize arbitral awards as binding and accordance with the rules of procedure of the territory where the upon, under the conditions laid down in the following articles. There imposed substantially more onerous conditions or higher fees or charges recognition or enforcement of arbitral awards to which this Convention imposed on the recognition or enforcement of domestic arbitral obtain the recognition and enforcement mentioned in the preceding applying for recognition and enforcement shall, at the time of the supply:

duly authenticated original award or a duly certified copy thereof; enforcement of the award shall produce a translation of these documents language. The translation shall be certified by an official or sworn diplomatic or consular agent. ARTICLE V