Is your country a signatory to the New York Convention? Are there any reservations to the general obligations of the Convention?
International Arbitration (3rd edition)
Egypt has been a party to the New York Convention since 1959. There are no reservations.
France is a signatory to the New York Convention, which entered into force in France on 24 September 1959. France has made a reciprocity reservation, but the provisions applicable to the recognition and enforcement of foreign awards are applicable to all awards rendered in foreign countries, regardless of whether they are signatories of the New York Convention or not. In practice, the New York Convention is rarely applied in France, as French arbitration rules on recognition and enforcement are generally more favourable than the New York Convention (for example, on the requirement of an agreement in writing).
Cyprus is party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 1958. The Convention has been ratified by Law no 84/1979. In parallel Cyprus supplemented the Convention by enacting the Cyprus International Commercial Arbitration Law no 101/1987.
The Convention is applicable only for recognition and enforcement of awards issued in the territory of another contracting state.
Cyprus will apply the Convention only to disputes arising out of legal relationships, whether contractual or not, that are considered commercial in nature under the national law.
The Czech Republic itself has been a signatory to the New York Convention since 30th September 1993. Nevertheless, the Czech Republic is also a successor state to Czechoslovakia which has signed and ratified the Convention on 10th October 1959.
Upon signing of the Convention, Czechoslovakia made a reservation under article I(3) of the Convention, stating the following : ‘Czechoslovakia will apply the convention to recognition and enforcement of awards made in the territory of another contracting state. With regards to award made in the territory of non-contrating States it will apply the Convention only to the extent to which these states grant reciprocal treatment.’ This reservation applies as well to the Czech Republic.
Romania ratified the New York Convention on recognition and enforcement of foreign arbitral awards by way of Decree no. 186/1961, in force as of 24 July 1961.
As per the Decree no. 186/1961, Romania adhered to the New York Convention under the following reservations: (i) the Convention shall apply only to disputes arising out of contractual or non-contractual legal relationships, that are deemed commercial under the national law; and (ii) the Convention shall apply for the recognition and enforcement of awards rendered on the territory of another contracting state. If the awards are rendered in the territory of a non-contracting state, the Convention shall apply only if reciprocity exists.
Serbia is a signatory state to the New York convention since October 10, 1981. It has retained the status of the signatory state previously held by the former Yugoslavia through succession.
Three reservations to the New York Convention were put forward: (1) The Convention is applied only to those arbitral awards which were adopted after the coming of the Convention into effect (i.e. no retroactive effect); (2) Convention is applied on a reciprocal basis only to those arbitral awards which were adopted on the territory of the other State Party to the Convention and (3) Convention is applied with respect to the disputes arising from the legal relations, contractual and non-contractual, which, according to Serbian national legislation are considered as economic (i.e. commercial).
Yes, China acceded to the New York Convention in 1987 with reciprocity reservation and commercial reservation.
a. Denmark is a signatory to the New York Convention and ratified the Convention in 1972. There are no reservations to the general obligations of the Convention, and its provisions are incorporated in the Danish Arbitration Act 2005.
b. On 10 February 1976, Denmark declared that the Convention shall apply also to the Faeroe Islands and Greenland.
Poland ratified the New York Convention on 3 October 1961 and the Convention entered into force with respect to Poland on 1 January 1962. Poland made a reciprocity reservation and a commercial nature of disputes reservation. Since the reservations were made upon signature, but not confirmed at ratification, the issue as to whether the reservations are effective is debatable, but the majority view confirms their effectiveness.
Switzerland ratified the New York Convention in 1965 without making any reservations to the general obligations of the convention. With the PILA having entered into force on 1 January 1989 the reciprocity reservation of Switzerland was withdrawn and the New York Convention applies erga omnes.
The UAE is a signatory to the New York Convention since 2006 with no reservations to the general conditions of this convention.
The New York Convention entered into force in the United Kingdom on 23 December 1975, with a reciprocity reservation. The United Kingdom has submitted notifications extending the territorial application of the New York Convention to Gibraltar, Isle of Man, Bermuda, Cayman Islands, Guernsey, Jersey and the BVI.
Yes. The KSA is a signatory to the New York Convention, which it has ratified on 19 April 1994.
The KSA requires the existence of reciprocity treatment in its relations with other countries and the compliance of Shariah principles, public policy and Islamic rules in the application of the Convention’s general obligations.
The United States is a signatory to the New York Convention. The U.S. has issued two reservations to the Convention which limit its applicability to (i) awards made in a country that is also a party to the Convention and (ii) disputes arising out of commercial relationships. U.S. courts have construed the term “commercial” broadly and have held that any doubts as to whether the relationship at issue is commercial should be resolved in favor of arbitration.
Austria has ratified the New York Convention without any reservations.
Nigeria is a signatory to the New York Convention having acceded to it on March 17, 1970. The Convention came into force on June 15, 1970. The New York Convention now forms part of the primary legislation having been made expressly applicable to Nigeria by section 54 of the ACA and is set out in the Schedule Two (2) to the ACA.
There are reservations in Nigeria to the Convention. Section 54 of the ACA emphasizes the provisions of Articles 1X and XI of the New York Convention. In accordance with Article I(3) of the New York Convention, the Convention is applied in Nigeria on the basis that there is a reciprocal recognition and enforcement of awards made in Nigeria in the territory of a member state whose award is to be enforced in Nigeria.
Portugal acceded to the New York Convention on 18 October 1994.
The Portuguese State made a reciprocity reservation in the following terms: “Within the scope of the principle of reciprocity, Portugal will restrict the application of the Convention to arbitral awards pronounced in the territory of a State bound by the said Convention.”
Without prejudice to the New York Convention mandatory provisions, as well as to other treaties or conventions which are binding on the Portuguese State, LAV establishes that the awards made in arbitrations seated abroad are only effective in Portugal, regardless of the nationality of the parties, if such awards have been recognised by the competent Portuguese State court. LAV sets the grounds for refusal of recognition and enforcement and governs its procedure.
As a successor state to the USSR, Russia is a member of the New York Convention. Upon ratification, the USSR appended a declaration stating that it will apply the Convention in respect of arbitral awards made in the territories of non-parties on a reciprocal basis only.
Yes, Ireland is a signatory to the New York Convention.
There are no reservations to the general obligations of the Convention.
Norway is a signatory to the New York Convention, and the Convention was ratified in 1961. There are no reservations to the general obligations of the Convention, and its provisions are incorporated in the Norwegian Arbitration Act of 2004.
Germany signed the New York Convention on 10 June 1958. The Convention was ratified on 30 June 1961 and entered into force on 28 September 1961.
Germany withdrew its reciprocity reservation in 1998. Hence, German courts also enforce awards made in the territory of a state that is not party to the New York Convention.
Croatia is a signatory of the New York Convention. The Convention was initially acceded by the former Socialist Federal Republic of Yugoslavia in 1982 and entered into force on October 8, 1991. After the dissolution from Yugoslavia, Croatia became a party to the Convention by way of notification on succession of July 26, 1993.
Croatia adhered to the reservations to the general obligations of the Convention made by the former Socialist Federal Republic of Yugoslavia. Thus, the Convention is applied only to those arbitral awards that were adopted on the territory of other contracting states after the Convention entered into effect and with respect to disputes which are considered as commercial under Croatian law.