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

International Arbitration (4th edition)

Argentina Small Flag Argentina

Besides the New York Convention, Argentina is a party to (i) the 1965 Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention); (ii) the 1975 Panama Inter-American Convention on International Commercial Arbitration; (iii) the 1979 Montevideo Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards (the “1979 Montevideo Inter-American Convention”); and (iv) the Mercosur Protocol on Jurisdictional Cooperation and Assistance on Civil, Commercial and Labor Matters and the 1998 Mercosur Convention on International Commercial Arbitration.

Argentina is also a party to more than sixty bilateral investment treaties (“BITs”), including treaties with Algeria, Armenia, Australia, Austria, Belgium-Luxembourg, Bolivia, Bulgaria, Canada, Chile, China, Costa Rica, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, Egypt, El Salvador, Finland, France, Germany, Greece, Guatemala, Hungary, India, Indonesia, Israel, Italy, Jamaica, Korea, Lithuania, Malaysia, Mexico, Morocco, Netherlands, New Zealand, Nicaragua, Panama, Peru, Philippines, Poland, Portugal, Romania, Russia, Senegal, South Africa, Spain, Sweden, Switzerland, Thailand, Tunisia, Turkey, Ukraine, United Kingdom, United States, Venezuela, and Vietnam.

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 63 Bilateral Investment Treaties (in force, September 2019).

Bulgaria Small Flag Bulgaria

Bulgaria is Party to:

  • The New York Convention.
  • The European Convention for International Commercial Arbitration (European Convention) to which Bulgaria made no reservations or declarations.
  • Washington Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (1965) (Washington Convention).
  • Bilateral Mutual Legal Assistance Treaties with several countries, some of them containing rules on the mutual recognition and enforcement of arbitral awards and even the settlements reached before the arbitration. However, these rules would not apply in cases where both counties are signatories to the New York Convention.

United States Small Flag United States

The United States is a party to the following treaties and conventions:

  • the Inter-American Convention on International Commercial Arbitration (“Panama Convention”), 9 U.S.C. § 301, et seq.;
  • the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (“ICSID Convention”), 22 U.S.C. § 1650, et seq.

The United States is also a party to various bilateral and multilateral investment treaties and free trade agreements that contain provisions regarding arbitration, including inter alia, the North American Free Trade Agreement (“NAFTA”) and the Dominican Republic–Central America Free Trade Agreement (“CAFTA-DR”). In November 2018, the U.S. signed the United States–Mexico–Canada Agreement (“USMCA”), which was drafted to replace NAFTA. Unlike NAFTA, the USMCA exempts Canada from the Investor-State Dispute Settlement (“ISDS”) provision and significantly limits its application between the U.S. and Mexico. While the USMCA has been ratified by Mexico, it has not gone into force, as ratification is still pending in the U.S. and Canada.

Canada Small Flag Canada

In addition to the New York Convention, Canada is a party to:

(a) the Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 (ICSID); and

(b) numerous bilateral and multilateral investment treaties and free trade agreements.

Cyprus Small Flag Cyprus

Cyprus is also a contracting state to the Convention on the Settlement of Investment and Disputes between States and Nationals in other States. Also in a number of bilateral and multilateral investment treaties for reciprocal recognition and enforcement concluded with other countries as different between them as Germany, China and Syria.

Czech Republic Small Flag Czech Republic

Aside from bilateral treaties concerning legal aid, protection of foreign investments and so on, the Czech Republic is a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States and the European Convention on International Commercial Arbitration.

UAE Small Flag UAE

The UAE has signed approximately 90 Bilateral Investment Treaties (not all of which are currently in force) most of which are subject to Investor-State Dispute Settlement (ISDS) arbitration.

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.

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

As stated above under 1., the ECJ decided in March 2018 that Investor-State arbitration clauses in BITs between EU Member States are incompatible with EU law and, hence, "inapplicable" (Case C-284/16).

Contrary to that, the ECJ came to the conclusion that the investment protection section of the Comprehensive Economic and Trade Agreement (CETA) between the EU and Canada is compatible with EU law (Case C-1/17, Opinion 1/17 of 30 April 2019). The ECJ inter alia held that arbitral tribunals under the CETA would not have the power to interpret or to apply EU law, but the CETA and public international law. The CETA is currently applied only in part, and its rules on Investor-State Dispute Settlement will only apply once all Member States have ratified it.

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).

India Small Flag India

India is a party to the Geneva Protocol on Arbitration Clauses 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards 1927.

Indonesia Small Flag Indonesia

Indonesia is a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID). In addition, the country has signed 72 Bilateral Investment Treaties (BITs) of which 26 are currently in force, 16 are still to be ratified, and 30 have been terminated.

In March 2019, Indonesia entered into a Comprehensive Economic Partnership Agreement (CEPA) with Australia, which includes a comprehensive clause on investor-state dispute settlement.

Liechtenstein Small Flag Liechtenstein

Yes. Liechtenstein concluded bilateral agreements on the mutual recognition of judgments and arbitral awards with Austria in 1975 and with Switzerland in 1970.

Malaysia Small Flag Malaysia

Apart from the New York Convention, Malaysia is also a contracting state of the Convention on the Settlement of Investment Disputes between States and Nationals of Other States (ICSID Convention), given effect through the Convention on Settlement of Investment Disputes Act 1966.

Additionally, Malaysia is also a signatory to the ASEAN Comprehensive Investment Agreement 2009.

Mexico Small Flag Mexico

  1. The Inter-American Convention of Extraterritorial Validity of Foreign Judgments and Arbitral Awards (Montevideo Convention).
  2. The Panama Convention.
  3. The International Centre for Settlement of Investment Disputes.

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 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.

Norway Small Flag Norway

Norway is a party to several other treaties and conventions relating to arbitration. The most relevant are the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States and several bilateral investment protection agreements (eg, with Chile, China, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Madagascar, Peru, Poland, Romania, Russia, Slovakia and Sri Lanka).

Philippines Small Flag Philippines

The Philippines is also a party to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States (ICSID).

Saudi Arabia Small Flag Saudi Arabia

Saudi Arabia is also a signatory to the Convention on Judicial Cooperation between States of the Arab League; Convention on the Enforcement of Judgments, Disputes and Judicial Summonses in the Arab Gulf Co-operation Council States; and the Convention on the Settlement of Investment Disputes between States and Nationals of Other States.

Singapore Small Flag Singapore

Singapore currently has 39 bilateral investment treaties in force and another 30 treaties with investment provisions in force. Many of these international investment agreements provide for investment treaty arbitration between foreign investors and the relevant host State in certain circumstances.

One significant recent development is the 7 August 2019 signing in Singapore of the United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 2018) [the Singapore Convention]. In addition to the hosting of the signing ceremony, Singapore is also one of the signatory States to the Singapore Convention. While the Singapore Convention apples to mediated settlement agreements rather than directly to arbitration, it is an arbitration-related international instrument in that it may provide additional options for parties to pursue international mediated settlement with an increased likelihood of enforcement as an alternative to or in parallel with traditional arbitration.

South Korea Small Flag South Korea

In addition to the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards which was ratified on 8 February 1973, Korea is a party to the Convention on the Settlement of Investment Disputes between States and Nationals of Other States which entered into force on 23 March 1967.

Korea has entered into multiple free trade agreements which contain arbitration provisions, and executed bilateral investment treaties with more than 100 countries as of October 2019.

France Small Flag France

France has ratified several multilateral treaties such as the European Convention on International Commercial Arbitration of 1961 and the Washington Convention of 1965 creating the International Centre for Settlement of Investment Disputes (ICSID).

In addition, as of 1 October 2019, 94 BITs are in force between France and foreign States. France is also a member of the European Union, which as of 1 October 2019 is a party to 56 multilateral treaties in force, including the European Energy Charter.

Egypt Small Flag Egypt

Egypt is a party to many arbitration-related treaties and conventions. In this regard, amongst the most recent instruments Egypt became party to is the Egypt-MERCOSUR Preferential Free Trade Agreement which has entered into force in September 2017. Furthermore, Egypt is also party to the following conventions:

The Convention of the Arab League on the Enforcement of Judgments and Arbitral Awards of 1952 (the Arab League Convention) ratified on 28 August 1954, the Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States of 1965 (the ICSID Convention) ratified on 3 May 1972, the Unified Agreement for Investment of Arab Capital in the Arab States (the Arab Investment Agreement”) signed on 26 November 1980 in Amman and entered into force on 7 September 1981, the Organisation of the Islamic Conference Investment Agreement of 1981 (the OIC Investment Agreement) ratified in February 1988, the Convention establishing the Multilateral Investment Guarantee Agency (the MIGA Convention) of 1985, the COMESA Investment Agreement signed on 23 May 2007, and the Riyadh Arab Agreement for Judicial Cooperation of 1983 signed in 2014.

Egypt has signed more than 100 Bilateral Investment Treaties (‘BITs’) among which around 72 BITs entered into force in the following dates and with the following countries:

Albania (6/4/1995); Algeria (3/5/2000); Argentina (3/12/1993); Armenia (1/3/2006); Australia (5/9/2002); Austria (29/4/2002); Bahrain (11/1/1999); Belarus (18/1/1999); Belgium– Luxembourg Economic Union (24/5/2002); Bosnia & Herzegovina (29/10/2001); Bulgaria (8/6/2000); Canada (3/1/1997); China (1/4/1996); Comoros (27/2/2000); Croatia (2/5/1999); Cyprus (11/5/1999); Czech Republic (4/6/1994); Denmark (29/10/2000); Ethiopia (27/5/2010); Finland (5/2/2005); France (1/10/1975); Germany (22/3/2009); Greece (6/4/1995); Hungary (21/8/1997); Iceland (15/6/2009); Italy (1/5/1994); Japan (14/1/1978); Jordan (11/4//1998); Kazakhstan (8/8/1996); Korean Democratic Peoples Republic (12/1/2000); Korean Republic (25/51997); Kuwait (26/4/2002); Latvia (3/6/1998); Lebanon (2/6/1997); Libya (4/7/1991); Malawi (7/9/1999); Malaysia (3/2/2000); Mali (7/7/2000); Malta (17/7/2000); Mauritius (17/12/2014); Mongolia (25/1/2005); Morocco (1/7/1998); Netherlands (1/3/1998); Oman (3/3/2000); Palestine (19/6/1999); Poland (17/11998); Portugal (23/12/2000); Qatar (14/7/2006); Romania (3/4/1997); Russia (12/6/2000); Serbia (20/3/2006); Singapore (20/3/2002); Slovakia (1/1/2000); Slovenia (7/2/2000); Somalia (16/4/1983); Spain (26/4/1994); Sri Lanka (10/3/1998); Sudan (1/4/2003); Sweden (29/1/1979); Switzerland (15/5/2016); Syria (5/10/1998); Thailand (27/2/2002); Tunisia (2/1/1991); Turkey (31/7/2002); Turkmenistan (28/2/1996); United Arab Emirates (11/1/1999); Ukraine (10/10/1993); United Kingdom (24/2/1976); United States of America (27/6/1992); Uzbekistan (8/2/1994); Vietnam (4/3/2002); and Yemen (10/4/1998). (UNCTAD Investment Policy Hub, available at https://investmentpolicy.unctad.org/international-investment-agreements/countries/62/egypt?type=bits, last visited on 29 August 2019)

Furthermore, Egypt has concluded several bilateral treaties on judicial cooperation that refer to mutual cooperation in the recognition and enforcement of arbitral awards, which by way of illustration include the treaties concluded with the following countries: Tunisia (1976); Italy (1978); France (1982); Jordan (1987); Morocco (1989); Bahrain (1989); Libya (1993); China (1994); Hungary (1996); Syria (1998); United Arab Emirates (2000); Oman (2002); and Kuwait (2017).

Ecuador Small Flag Ecuador

Besides the NYC, Ecuador is a party to the Inter-American Convention of International Commercial Arbitration of Panama of 1975, in force since 1991.

Chile Small Flag Chile

Chile is also a party to: (i) The Pan-American Convention on Private International Law since 1934; (ii) The Inter-American Convention on International Commercial Arbitration since 1976; and (iii) The ICSID Convention since 1992.

In addition, Chile has subscribed fifty-five bilateral investment treaties, of which fifty-two are currently either in force or signed. This makes Chile one of the most open markets worldwide.

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.

Taiwan Small Flag Taiwan

Taiwan has entered into investment protection (or bilateral free trade) agreements with 31 countries, as well as a cross-strait investment protection and promotion agreement with China, all of which contain provisions on arbitration-related matters. Please see the website of the Department of Invest Services of the Ministry of Economic Affairs for details https://www.dois.moea.gov.tw/Home/relation1_1_3

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.

Turkey Small Flag Turkey

The ICSID Convention and the European Convention on International Commercial Arbitration are two others. To date Turkey has signed 99 bilateral investment treaties and 76 of them are still in force.

Furthermore, Turkey is a party to the European Convention on International Commercial Arbitration dated 1961.

Updated: November 6, 2019