What other arbitration-related treaties and conventions is the country a party to?

International Arbitration (2nd Edition)

Chile Small Flag Chile

Besides the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention) adopted in 1975, Chile ratified in August 1976 the Inter-American Convention on International Commercial Arbitration (Panamá Convention), in 1991 the Convention on the Settlement of Investment Dispute between States and Nationals of other States (Washington or ICDIS Convention), and finally in April 2009 Chile promulgated the Agreement of Cooperation and Judicial Assistance on Civil, Commercial, Labour and Administrative Matters with Mercosur and Bolivia.

Portugal Small Flag Portugal

Apart from the New York Convention, Portugal is also a party to the following treaties and conventions:

a) The 1965 Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (otherwise known as “ICSID”);

b) The Inter-American Convention on International Commercial Arbitration, signed in Panama in 1975;

c) The Geneva Protocol on Arbitration Clauses of 24 September 1923; and

d) The Geneva Convention on Execution of Foreign Arbitral Awards, dated 26 September 1927.

Luxembourg Small Flag Luxembourg

Luxembourg is also party to the European Convention on International Commercial Arbitration of 1961, the Washington Convention of 1965 and the Convention on Conciliation and Arbitration within the OSCE of 1992.

Switzerland Small Flag Switzerland

Switzerland is a party to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 (ICSID Convention), as well as to the Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927.

Germany Small Flag Germany

Until today, Germany has signed 146 bilateral (or occasionally trilateral) investment treaties (BITs) in total (including amendments), out of which some have already become ineffective or have not yet entered into force. The current status of all BITs can be checked at the website of the German Federal Ministry for Economic Affairs: http://www.bmwi.de/SiteGlobals/BMWI/Forms/Listen/Investitionsschutzvertraege/Investitionsschutzvertraege_Formular.html

In addition, several older bilateral treaties, which address the enforcement of court decisions or arbitral awards, are (at least in part) still effective (e.g., Switzerland 1929 and Tunisia 1966).

Germany is also a party to the following conventions:

  • The Geneva Protocol on Arbitration Clauses (1923);
  • The Geneva Convention on the Execution of Foreign Arbitral Awards (1927);
  • The European Convention on International Commercial Arbitration (1961);
  • The Convention on the Settlement of Investment Disputes between States and Nationals of other States (1965); and
  • The Energy Charter Treaty (1994).

Ukraine Small Flag Ukraine

Ukraine is a party to the European Convention on International Commercial Arbitration (entered into force for Ukraine in 1994), to the Agreement on Settlement of Disputes Related to Commercial Activity (between CIS countries, since 1992) as well as to the ICSID Convention.

Panama Small Flag Panama

Panama is a party to the Inter-American Convention on International Commercial Arbitration, which entered into force for Panama on March 30, 1976, and the Convention on the Settlement of Investment Disputes between States and Nationals of other States, which entered into force for Panama on January 8, 1996.

UAE Small Flag UAE

Conventions
The two most relevant conventions to which the UAE is a party, are the:

Riyadh Arab Agreement for Judicial Cooperation between States of the Arab League (1983) (the “Riyadh Convention”); and

GCC Convention for the Execution of Judgements, Delegations and Judicial Notifications (1996) (the “GCC Convention”).

These above conventions may be more relevant, when attempting to enforce an arbitral award in country-members of the Riyadh Convention, where the New York Convention does not apply, for example Iraq and Yemen.

Memorandums of Understanding
The 2009 Memorandum of Understanding between the Dubai Courts and the DIFC Courts (the “2009 MOU”).

The 2009 MOU promoted the discussion of issues of mutual interest including the formation of joint working groups (such as a committee to ‘develop recommendations and protocols concerning matters such as service of documents between the courts, enforcement of orders between the courts and resolution of jurisdictional questions that might arise between the courts’), ‘technical assistance, cooperation and information sharing and training’.

The 2009 MOU’s relevance to arbitration may arise for instance when an international award is recognised by the DIFC Courts and then enforced in mainland Dubai, through the Dubai (Federal ) Courts.

Sweden Small Flag Sweden

Sweden is a party to the Lugano and the Brussels Conventions and, by its membership of the European Union, Sweden is also bound by the Brussels Regulation on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters.

Sweden has ratified the ICSID Convention.

In addition, Sweden is a party to the 1980 Rome Convention on the Applicable Law to Contractual Obligations and the Rome I Regulation.

Sweden is also a party to the 1955 Hague Convention on the Law Applicable to International Sales of Goods and has ratified the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as the Vienna Convention on the Law of Treaties.

Spain Small Flag Spain

On the 5th of March 1975, Spain ratified the European Convention on International Commercial Arbitration of 21 April 1961.

Serbia Small Flag Serbia

Serbia is a party to the ICSID Convention, as well as to the European Convention on International Commercial Arbitration. In addition to these multilateral conventions, Serbia concluded a number of bilateral agreements with different states on mutual legal assistance in civil matters, which concern, inter alia, recognition and enforcement of arbitral awards.

Philippines Small Flag Philippines

The Philippines is a party to the ASEAN Comprehensive Investment Agreement and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention).

India Small Flag India

India is also a party to the Geneva Convention on the Execution of Foreign Arbitral Awards 1927. The other treaties signed by India are as following:

(i) Association of Southeast Asian Nations

(ii) Bay of Bengal Initiative for Multi-Sectoral Technical and Economic Cooperation

Till now, India has signed 84 BiTs and BIPPs agreements.

Ecuador Small Flag Ecuador

Ecuador is a party to several arbitration-related treaties and conventions:

  • The Havana Convention of 1928. (International Private Law Code).
  • Inter-American Convention on the Effects of Judgments and Arbitration Awards in Foreign Countries, promoted by the Inter-American Legal Committee and signed in Panama on January 30, 1975. The Convention was ratified by Ecuador, without making any exceptions (Official Gazette 506 of January 16, 1977).
  • Inter-American Convention on Letters Rogatory, executed in Panama on January 30, 1975, and the Additional Protocol to the Inter-American Convention on Letters Rogatory, signed in Montevideo, Uruguay on May 8, 1979. The convention and protocol govern letters rogatory issued in civil or commercial proceedings and cases by the jurisdictional entities of one of the Member state signatories to the Convention and Protocol. The Convention and Additional Protocol were ratified by Ecuador as published in Official Gazettes 848 of July 17, 1975 and 235 of May 4, 1982.
  • Inter-American Convention on the Extraterritorial Efficacy of Foreign Judgments and Arbitral Awards executed in Montevideo, Uruguay on May 8, 1979, ratified by the Ecuadorian government by way of Presidential Decree 853, published in Official Gazette 240 of May 11, 1982. The Convention concerns the recognition and enforcement of foreign judgments and arbitral awards.

Norway Small Flag Norway

Norway is currently party to 15 bilateral investment treaties (BITs) and 29 treaties with investment provisions (TIPs). Norway signed the ICSID Convention in 1966, the Energy Charter Treaty in 1995, and the International Energy Charter in 2015. So far, there has been no investment arbitration case against Norway.

Egypt Small Flag Egypt

There are also several bilateral and multilateral treaties for reciprocal enforcement of judicial awards (for example, between Egypt and France, and the Arab League Treaty). Therefore, if a court writ of execution is obtained, the writ can be enforced abroad under these treaties. Egypt ratified the ICSID Convention in 1972. Moreover, Egypt is a signatory to many bilateral investment treaties that include ICSID and other arbitration clauses.

Croatia Small Flag Croatia

Apart from the New York Convention, Croatia is a party to the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States, the 1961 European Convention on International Commercial Arbitration, the 1927 Geneva Convention on the Execution of Foreign Arbitration Decisions and the 1923 Geneva Protocol on Arbitration Clauses.

Cyprus Small Flag Cyprus

Cyprus is also a party to the Convention on the Settlement of Investment and Disputes between States and Nationals in Other States as well as a number of Bilateral Investment Treaties with individual countries.

France Small Flag France

France is a party to the Geneva (European) Convention on International Commercial Arbitration of 1961 and the Washington Convention of 1965 creating the International Centre for Settlement of Investment Disputes (ICSID). Additionally, France has entered into bilateral treaties on the protection of investments with more than 100 states.

Italy Small Flag Italy

Italy is also a party to the following arbitration-related treaties: (i) the 1927 Geneva Convention on The Execution of Foreign Arbitral Awards, (ii) the 1961 European Convention on International Commercial Arbitration, and the 1965 Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Other States.

Nigeria Small Flag Nigeria

Nigeria is a party to the (i) Vienna Convention on the Law of Treaties, (ii) Convention on Settlement of Investment Disputes between States and Nationals of other States and (iii) Economic Community of West African States Energy Protocol. These treaties have provisions relating to arbitration.

Nigeria has entered into several bilateral investment treaties requiring arbitration as the dispute resolution and regulating the recognition and enforcement of arbitral awards with some countries. These countries with which Nigeria has entered bilateral investment treaties include France, the United Kingdom, the Netherlands, Brazil, Finland, France, Germany, Italy, South Korea, Romania, China, Serbia, Spain, Sweden, Switzerland, and Taiwan.

Further, Nigeria has entered into Investment Promotion and Protection Agreements (IPPAs) with France, the United Kingdom, the Netherlands, Romania, Switzerland, Spain and South Africa. The aim of the IPPAs is to primarily protect investments. The IPPAs allow settlement of investment disputes through arbitration.

Additionally, Nigeria also entered into a treaty with the Asian African Legal Consultative Organisation on April 26, 1999. This treaty guarantees the continued operation of the Regional Centre for International Commercial Arbitration, which was established in Lagos in 1989.

Austria Small Flag Austria

Also in the 1960s, Austria signed the European Convention on International Commercial Arbitration. Austria is also a party to the (International) Protocol on Arbitration Clauses and the Geneva Convention on the Execution of Foreign Arbitral Awards.

In 1971, Austria signed the Convention on the Settlement of Investment Disputes between States and Nationals of other States (ICSID Convention) and is party to more than 50 bilateral (investment) treaties.

Greece Small Flag Greece

Greece has ratified the 1923 Geneva Protocol on Arbitration Clauses by virtue of Legislative Decree 4/1926 as well as the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards by virtue of Law 5013/1931. However, under article 7 (II) of the New York Convention their effect has already ceased between Contracting States within the scope application of the New York Convention. Hence, their practical utility is limited only to States bound by said Conventions but not by the New York Convention.

Greece has also ratified the 1965 ICSID Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”) by virtue of Mandatory Law 608/1968 (entry into force on May 21, 1969).

Moreover, Greece is a party to several arbitration - related bilateral conventions, pertaining mainly to the recognition and enforcement of arbitral awards. Given that the vast majority of said conventions exist between Greece and other States which are also signatories to the New York Convention, article 7 (I) of the latter applies. Hence, bilateral conventions preceding the New York Convention (its entry into force) are not affected, whereas bilateral conventions concluded afterwards may apply on the basis of the more-favorable-right provision of said article.

United States Small Flag United States

The United States is party to the Inter-American Convention on International Commercial Arbitration (Panama Convention) and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention). In addition, the United States is party to 20 free trade agreements, including the North American Free Trade Agreement (NAFTA), and the Dominican Republic-Central America Free Trade Agreement (CAFTA-DR), and numerous bilateral investment treaties. These trade and investment agreements provide a limited right for investors from one contracting State to arbitrate claims against the State in which they invested.

Israel Small Flag Israel

Israel is a party to the Geneva Protocol (Protocol on Arbitration Clauses, 1923). This protocol entered into force with regard of Israel on January 13, 1952. In addition, Israel is a party to the Geneva Convention (Convention on the Execution of Foreign Arbitral Awards, 1927). This convention entered into force with regard to Israel on January 13, 1952. Israel is also a party to the Washington Convention (Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, 1965). This convention entered into force with regard to Israel on July 22, 1983.

United Kingdom Small Flag United Kingdom

In addition to the New York Convention, the United Kingdom is also a party to (a) the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927, (b) the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 and (c) numerous other Bilateral and Multilateral Investment Treaties.

Romania Small Flag Romania

Since 1963, Romania is a party to the European Convention on International Commercial Arbitration (Geneva, 1961) and since 1975, Romania became a party to the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

As well, Romania has signed multiple bilateral conventions with countries including Albania, Algeria, Belgium, Bulgaria, China, Cuba, Czech Republic, France, Greece, Hungary, Italy, Moldova, Mongolia, Montenegro, Morocco, North Korea, Poland, Russia, Serbia, Slovenia, Slovakia, Syria and Tunisia.

Updated: November 22, 2017