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

International Arbitration (3rd edition)

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.

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.

Cyprus Small Flag Cyprus

Cyprus is a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States. In addition Cyprus has signed several Bilateral and multilateral Investment and other Treaties, whereas reference is made to arbitration as an alternative dispute resolution process. Examples of Bilateral Investment Treaties or other multi-party investment treaties that provide regulations for settling disputes have been concluded with a list of countries such as Greece, USA, Israel, China, Syria and Qatar. Other multilateral agreements which relate to investment arbitration and Cyprus is a member, are the Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters, the Convention on the Recovery Abroad of Maintenance, the European Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Convention Establishing the Multilateral Investment Guarantee Agency (MIGA Convention) and the Convention on the Settlement of Investment Disputed between States and Nationals of Other States (ICSID).Cyprus also signed the Energy Charter Treaty.

Czech Republic Small Flag Czech Republic

The Czech Republic is a party to the Geneva Convention on the Execution of Foreign Arbitral Awards (1927), the European Convention on International Commercial Arbitration (1961) and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (1965).

Beside that, the Czech Republic is also a party to approximately 18 bilateral treaties on legal aid and 93 bilateral investment treaties.

Romania Small Flag Romania

Romania is a party to several arbitration-related conventions, including inter alia: (i) the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927; (ii) the Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958; (iii) the European Convention on International Commercial Arbitration of 1961; (iv) the Convention on the Settlement of Investment Disputes between States and Nationals of other States of 1965; (v) the Energy Charter Treaty of 1994.

Serbia Small Flag Serbia

Most prominent arbitration-related treaty that Serbia is a signatory state to is the Convention on the settlement of investment disputes between states and nationals of other states (ICSID Convention).

Serbia is also a party to the European Convention on International Commercial Arbitration.

In addition, a broad scope of bilateral treaties with vast number of countries are in force. Those concerning mutual legal assistance in civil and commercial matters can also regulate recognition and enforcement of arbitral awards.

China Small Flag China

China has concluded BITs with 104 countries so far , many of which allow for submitting investment disputes between investors and the host state to arbitration (although under most of the older BITs, the disputes that are arbitrable are limited to those concerning the amount of compensation for an expropriated investment). Mainland China has further entered into special bilateral arbitration arrangements with Taiwan, Hong Kong and Macau.

In addition, China became a party to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the Washington Convention) in 1990. China is also an observer of, although not a signatory to, the Energy Charter Treaty.

Denmark Small Flag Denmark

a. Denmark is currently party to 51 bilateral investment treaties (BITs) and 68 treaties with investment provisions (TIPs). Denmark has signed the MIGA Convention, the ICSID Convention, the Energy Charter Treaty, and the International Energy Charter.

Poland Small Flag Poland

Poland is a party to the European Convention on International Commercial Arbitration of 1961 (since 14 December 1964). Poland also remains a party to the Geneva Protocol on Arbitration Clauses in Commercial Matters of 1923, although, due to its replacement by the New York Convention among convention countries under Article VII (2) of the Convention, the relevance of the Protocol is limited.

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.

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.

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.

Saudi Arabia Small Flag Saudi Arabia

Beside the New York Convention, the KSA is a party to the convention of the Arab League on the Enforcement of Judgements and Arbitral Awards (1952), the Riyadh Arab Agreement for Judicial Cooperation (also known as the Riyadh Convention) (1983), the International Centre for Settlement of Investment Disputes (ICSID) Convention (1966), and the Gulf Cooperation Council Convention for the Execution of Judgments, Delegations and Judicial Notification (1996).

United States Small Flag United States

In addition to the New York Convention, the U.S. is a 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”). The U.S. is also a party to numerous bilateral investment treaties (“BITs”) and free trade agreements (“FTAs”) containing investment chapters providing for international arbitration as a procedural remedy for a treaty breach, including the North American Free Trade Agreement (“NAFTA”), and the Dominican Republic-Central America Free Trade Agreement (“CAFTA-DR”). The U.S. recently negotiated a replacement for NAFTA, which has yet to be signed and ratified by the parties and enter into force, called the United States-Mexico-Canada Agreement (“USMCA”).

Austria Small Flag Austria

Austria is a party to the Geneva Convention on the Execution of Foreign Arbitral Awards, the European Convention on International Commercial Arbitration, the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), and 58 Bilateral Investment Treaties (in force, October 2018).

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.

Also, 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 has a treaty with the Asian African Legal Consultative Organisation since April 26, 1999. This treaty guarantees the continued operation of the Regional Centre for International Commercial Arbitration, which was established in Lagos in 1989.

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.

Russia Small Flag Russia

Russia is also a member of the 1961 European Convention on International Commercial Arbitration (“Geneva Convention”) and the 1972 Moscow Convention on the Settlement by Arbitration of Civil Law Disputes Arising from Relations of Economic, Scientific, and Technical Cooperation. Russia has signed but not ratified the 1992 Convention on the Settlement of Investment Disputes between States and Nationals of Other States. According to the UNCTAD database, Russia is currently a party to 64 bilateral investment treaties in force.

Ireland Small Flag Ireland

The Arbitration Act, 2010 adopts the Geneva Convention on the Execution of Foreign Arbitral Awards; the Protocol on Arbitration Clauses and the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (the “Washington Convention”).

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.

Germany Small Flag Germany

Germany is the country which has signed the largest number of bilateral investment treaties (BITs) in the world.

To date, Germany has signed 147 investment treaties (bilateral or trilateral). Some of them have become ineffective, others have not yet entered into force.

A list of investment treaties and their status can be found on the website of the German Federal Ministry for Economic Affairs:

http://www.bmwi.de/SiteGlobals/BMWI/Forms/Listen/Investitionsschutzvertraege/Investitionsschutzvertraege_Formular.html

In addition, Germany is a party to the following arbitration-related 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);
  • The Energy Charter Treaty (1994)

Croatia Small Flag Croatia

Apart from the New York Convention, Croatia is a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ”ICSID Convention”) from 1965, the European Convention on International Commercial Arbitration from 1961, the Convention on the Execution of Foreign Arbitral Awards (the ”Geneva Convention”) from 1927 and the Protocol on Arbitration Clauses (the ”Geneva Protocol”) from 1921.

Updated: November 14, 2018