Derestricted FTAA.ngds/w/06/Rev.4 December 7, 2004 ...
FTAA-Negotiating Group on Dispute Settlement
International Conventions Governing Private Commercial Arbitration: Panama, New York, Montevideo and ICSID Conventions
Prepared by
Tripartite Committee
Organization of American States
Trade Unit
NEGOTIATING GROUP ON DISPUTE SETTLEMENT (NGDS)
INTERNATIONAL CONVENTIONS GOVERNING PRIVATE COMMERCIAL ARBITRATION:
PANAMA, NEW YORK, MONTEVIDEO, AND ICSID CONVENTIONS
Note Prepared by the Tripartite Committee (OAS)
In order to assist the NGDS in carrying out its mandate to “design mechanisms to facilitate and promote the use of arbitration and other alternative dispute settlement methods for settling private sector differences arising under the FTAA framework,”[1] the negotiating group requested the Tripartite Committee (OAS) to “prepare a note identifying the parties to the Panama, New York, Montevideo, and ICSID Conventions, specifying signature, ratification, declarations of ratifying states, and reservations.”[2]
Table of Contents
Page
Inter-American Convention on International Commercial Arbitration,
Signed in Panama on 30 January 1975 at the Inter-American
Specialized Conference on Private International Law
Text of the Panama Convention ………………………………………………………………… 04
Signatories, dates of ratification and of deposit of ratification instrument, U.S. reservations 07
Convention on the Recognition and Enforcement of Foreign Arbitral Awards,
Done at New York on 10 June 1958
Text of the New York Convention ……………………………………………………………… 09
Signatories, dates of ratification, declarations/reservations by Antigua and Barbuda, Argentina, Barbados, Canada, Ecuador, Guatemala, Trinidad and Tobago, U.S., and others, objections, notifications of territorial application, declarations/reservations made upon such notifications… 13
Inter-American Convention on Extraterritorial Validity of Foreign Judgments and Arbitral Awards,
Signed in Montevideo on 8 May 1979 at the Second Inter-American
Specialized Conference on Private International Law
Text of the Montevideo Convention ……………………………………………………………. 20
Signatories, dates of ratification and of deposit of ratification instrument, declarations/reservations by Brazil, Mexico and Uruguay ………………………………………………………………… 23
Convention on the Settlement of Investment Disputes Between States and Nationals of Other States,
Done at Washington on 18 March 1965
Text of the ICSID Convention ………………………………………………………………….. 26
Signatories, dates of signatures, of deposit of ratification, and of entry into force …………….. 42
Table: International Conventions Governing Private Commercial Arbitration: Status of Signatures and Ratifications by States Negotiating the FTAA .…………..…………………………………………….. 49
INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION
The Governments of the Member States of the Organization of American States, desirous of concluding a convention on international commercial arbitration, have agreed as follows:
Article 1
An agreement in which the parties undertake to submit to arbitral decision any differences that may arise or have arisen between them with respect to a commercial transaction is valid. The agreement shall be set forth in an instrument signed by the parties, or in the form of an exchange of letters, telegrams, or telex communications.
Article 2
Arbitrators shall be appointed in the manner agreed upon by the parties. Their appointment may be delegated to a third party, whether a natural or juridical person.
Arbitrators may be nationals or foreigners.
Article 3
In the absence of an express agreement between the parties, the arbitration shall be conducted in accordance with the rules of procedure of the Inter-American Commercial Arbitration Commission.
Article 4
An arbitral decision or award that is not appealable under the applicable law or procedural rules shall have the force of a final judicial judgment. Its execution or recognition may be ordered in the same manner as that of decisions handed down by national or foreign ordinary courts, in accordance with the procedural laws of the country where it is to be executed and the provisions of international treaties.
Article 5
1. The recognition and execution of the decision may be refused, at the request of the party against which it is made, only if such party is able to prove to the competent authority of the State in which recognition and execution are requested:
a. That the parties to the agreement were subject to some incapacity under the applicable law or that the agreement is not valid under the law to which the parties have submitted it, or, if such law is not specified, under the law of the State in which the decision was made; or
b. That the party against which the arbitral decision has been made was not duly notified of the appointment of the arbitrator or of the arbitration procedure to be followed, or was unable, for any other reason, to present his defense; or
c. That the decision concerns a dispute not envisaged in the agreement between the parties to submit to arbitration; nevertheless, if the provisions of the decision that refer to issues submitted to arbitration can be separated from those not submitted to arbitration, the former may be recognized and executed; or
d. That the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the terms of the agreement signed by the parties or, in the absence of such agreement, that the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the law of the State where the arbitration took place; or
e. That the decision is not yet binding on the parties or has been annulled or suspended by a competent authority of the State in which, or according to the law of which, the decision has been made.
2. The recognition and execution of an arbitral decision may also be refused if the competent authority of the State in which the recognition and execution is requested finds:
a. That the subject of the dispute cannot be settled by arbitration under the law of that State; or
b. That the recognition or execution of the decision would be contrary to the public policy (“ordre public”) of that State.
Article 6
If the competent authority mentioned in Article 5.1.e has been requested to annul or suspend the arbitral decision, the authority before which such decision is invoked may, if it deems appropriate, postpone a decision on the execution of the arbitral decision and, at the request of the party requesting execution, may also instruct the other party to provide appropriate guaranties.
Article 7
This Convention shall be open for signature by the Member States of the Organization of American States.
Article 8
The Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
Article 9
The Convention shall remain open for accession by any other State. The instruments of accession shall be deposited by the General Secretariat of the Organization of American States.
Article 10
The Conventional shall enter into force on the thirtieth day following the date of the deposit of the second instrument of ratification.
For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Article 11
If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt within this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.
Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which the Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States, and shall become effective thirty days after the date of their receipt.
Article 12
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.
Article 13
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States. The Secretariat shall notify the Member States of the Organization of American States and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession, and denunciation as well as of reservations, if any. It shall also transmit the declarations referred to in Article 11 of this Convention.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
DONE AT PANAMA CITY, Republic of Panama, this thirtieth day of January one thousand nine hundred and seventy-five.
|B-35: INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION |
| |
| |
| ADOPTED AT: PANAMA, PANAMA |
| |
| DATE: 01/30/75 |
| |
|CONF/ASSEM/MEETING: INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE |
| INTERNATIONAL LAW |
| , |
| ENTRY INTO FORCE: 06/16/76 IN ACCORDANCE WITH ARTICLE 10 OF THE CONVENTION. |
| |
| DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND |
| RATIFICATIONS). |
| |
| TEXT: OAS, TREATY SERIES, NO. 42. |
| , , |
| |
| UN REGISTRATION: 03/20/89 No. 24384 Vol. |
| |
| OBSERVATIONS: This Convention shall remain open for signature by the Member States of the OAS and for accession by any |
|other State. |
| |
| GENERAL INFORMATION OF THE TREATY: B-35 |
| |
|=============================================================================== |
|SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF |
|=============================================================================== |
|Argentina ........... 03/15/91 11/03/94 01/05/95 RA / / |
|Bolivia ............. 08/02/83 10/08/98 04/29/99 RA / / |
|Brazil .............. 01/30/75 08/31/95 11/27/95 RA / / |
|Chile ............... 01/30/75 04/08/76 05/17/76 RA / / |
|Colombia ............ 01/30/75 11/18/86 12/29/86 RA / / |
|Costa Rica .......... 01/30/75 01/02/78 01/20/78 RA / / |
|Dominican Republic .. 04/18/77 / / / / / / |
|Ecuador ............. 01/30/75 08/06/91 10/23/91 RA / / |
|El Salvador ......... 01/30/75 06/27/80 08/11/80 RA / / |
|Guatemala ........... 01/30/75 07/07/86 08/20/86 RA / / |
|Honduras ............ 01/30/75 01/08/79 03/22/79 RA / / |
|Mexico .............. 10/27/77 1 02/15/78 03/27/78 RA / / |
|Nicaragua ........... 01/30/75 07/15/03 10/02/03 RA / / |
|Panama .............. 01/30/75 11/11/75 12/17/75 RA / / |
|Paraguay ............ 08/26/75 1 12/02/76 12/15/76 RA / / |
|Peru ................ 04/21/88 05/02/89 05/22/89 RA / / |
|United States ....... 06/09/78 11/10/86 a 09/27/90 RA / / |
|Uruguay ............. 01/30/75 03/29/77 04/25/77 RA / / |
|Venezuela ........... 01/30/75 03/22/85 05/16/85 RA / / |
|=============================================================================== |
|REF = REFERENCE INST = TYPE OF INSTRUMENT |
| D = DECLARATION RA = RATIFICATION |
| R = RESERVATION AC = ACCEPTANCE |
|INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION |
| |
| |
|B-35. INTER-AMERICAN CONVENTION ON INTERNATIONAL COMMERCIAL ARBITRATION |
| |
| |
|1. Mexico, Paraguay |
| |
| Signed ad referendum. |
| |
|a. United States: |
| |
| (Reservations made at the time of ratification) |
| |
|1. Unless there is an express agreement among the parties to an arbitration agreement to the contrary, where the requirements for application of |
|both the Inter-American Convention on the Recognition and Enforcement of Foreign Arbitral Awards are met, if a majority of such parties are citizens |
|of a state or states that have ratified or acceded to the Inter-American Convention and are Member States of the Organization of American States, |
|the Inter-American Convention shall apply. In all other cases, the Convention on the Recognition and Enforcement of Foreign Arbitral Awards shall |
|apply. |
| |
|2. The Unites States of America will apply the rules of procedure of the Inter-American Commercial Arbitration Commission which are in effect on |
|the date that the United States of America deposits its instrument of ratification, unless the United States of America makes a later official |
|determination to adopt and apply subsequent amendments to such rules. |
| |
|3. The United States of America will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards |
|made in the territory of another Contracting State. |
| |
CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS
Article I
1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.
2. The term "arbitral awards" shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.
3. When signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.
Article II
1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractua1 or not, concerning a subject matter capable of settlement by arbitration.
2. The term "agreement in writing" shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
Article III
Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.
Article IV
1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified copy thereof;
(b) The original agreement referred to in article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.
Article V
1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:
(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains 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, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(e) The award has not yet become binding, on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or
(b) The recognition or enforcement of the award would be contrary to the public policy of that country.
Article VI
lf an application for the setting, aside or suspension of the award has been made to a competent authority referred to in article V (1) (e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming, enforcement of the award, order the other party to give suitable security.
Article VII
1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor deprive any interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this convention.
Article VIII
1. This Convention shall be open until 31 December 1958 for signature on behalf of any Member of the United Nations and also on behalf of any other State which is or hereafter becomes a member of any specialized agency of the United Nations, or which is or hereafter becomes a party to the Statute of the International Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations.
2. This Convention shall be ratified and the instrument of ratification shall be deposited with the Secretary-General of the United Nations
Article IX
1. This Convention shall be open for accession to all States referred to in article VIII.
2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
Article X
1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.
2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.
3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories
Article XI
In the case of a federal or non-unitary State, the following provisions shall apply:
(a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligations of the federal Government shall to this extent be the same as those of Contracting States which are not federal States;
(b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent states or provinces which are not, under the constitutional system of the federation, bound to take legislative action, the federal Government shall bring such articles with a favorable recommendation to the notice of the appropriate authorities of constituent states or provinces at the earliest possible moment;
(c) A federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provision of this Convention, showing the ex. tent to which effect has been given to that provision by legislative or other action.
Article XII
1. This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or accession.
2 For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.
Article XIII
1. Any Contracting State may denounce this Convention by a written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. Any State which has made a declaration or notification under article X may, at any time thereafter, by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date of the receipt of the notification by the Secretary-General.
3. This Convention shall continue to be applicable to arbitral awards in respect of which recognition or enforcement proceedings have been instituted before the denunciation takes effect.
Article XIV
A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the extent that it is itself bound to apply the Convention.
Article XV
The Secretary-General of the United Nations shall notify the States contemplated in article VIII of the following:
(a) Signatures and ratifications in accordance with article VIII;
(b) Accessions in accordance with article IX;
(c) Declarations and notifications under articles I, X and XI;
(d) The date upon which this Convention enters into force in accordance with article XII;
(e) Denunciations and notifications in accordance with article XIII.
Article XVI
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in article VIII.
Note
1 The Convention went into force on 7 June 1959
Convention on the Recognition and Enforcement of Foreign Arbitral Awards
Done at New York on 10 June 1958
ENTRY INTO FORCE: 7 June 1959, in accordance with article XII.
REGISTRATION: 7 June 1959, No. 4739.
TEXT: United Nations, Treaty Series, vol. 330, p. 3.
STATUS: Signatories: 24. Parties: 126.
Note: The Convention was prepared and opened for signature on 10 June 1958 by the United Nations Conference on International Commercial Arbitration, convened in accordance with resolution 604 (XXI) of the Economic and Social Council of the United Nations adopted on 3 May 1956. The Conference met at the Headquarters of the United Nations in New York from 20 May to 10 June 1958. For the text of the Final Act of this Conference, see United Nations, Treaty Series, vol. 330, p. 3.
|State |Signature |Ratification, Accession (a),|Entry into force |
| | |Succession (d) | |
|Albania |. |27 June 2001 a |25 September 2001 |
|Algeria |. |7 February 1989 a |8 May 1989 |
|Antigua and Barbuda |. |2 February 1989 a |3 May 1989 |
|Argentina | 26 August 1958 |14 March 1989 |12 June 1989 |
|Armenia |. |29 December 1997 a |29 March 1998 |
|Australia |. |26 March 1975 a |24 June 1975 |
|Austria |. |2 May 1961 a |31 July 1961 |
|Azerbaijan |. |29 February 2000 a |29 May 2000 |
|Bahrain |. |6 April 1988 a |5 July 1988 |
|Bangladesh |. |6 May 1992 a |4 August 1992 |
|Barbados |. |16 March 1993 a |14 June 1993 |
|Belarus |29 December 1958 |15 November 1960 |13 February 1961 |
|Belgium |10 June 1958 |18 August 1975 |16 November 1975 |
|Benin |. |16 May 1974 a |14 August 1974 |
|Bolivia |. |28 April 1995 a |27 July 1995 |
|Bosnia and Herzegovina |. |1 September 1993 d |6 March 1992 |
|Botswana |. |20 December 1971 a |19 March 1972 |
|Brazil |. |7 June 2002 a |5 September 2002 |
|Brunei Darussalam |. |25 July 1996 a |23 October 1996 |
|Bulgaria |17 December 1958 |10 October 1961 |8 January 1962 |
|Burkina Faso |. |23 March 1987 a |21 June 1987 |
|Cambodia |. |5 January 1960 a |4 April 1960 |
|Cameroon |. |19 February 1988 a |19 May 1988 |
|Canada 4/ |. |12 May 1986 a |10 August 1986 |
|Central African Republic |. |15 October 1962 a |13 January 1963 |
|Chile |. |4 September 1975 a |3 December 1975 |
|China |. |22 January 1987 a |22 April 1987 |
|Colombia |. |25 September 1979 a |24 December 1979 |
|Costa Rica |10 June 1958 |26 October 1987 |24 January 1988 |
|Côte d' Ivoire |. |1 February 1991 a |2 May 1991 |
|Croatia |. |26 July 1993 d |8 October 1991 |
|Cuba |. |30 December 1974 a |30 March 1975 |
|Cyprus |. |29 December 1980 a |29 March 1981 |
|Czech Republic |. |30 September 1993 d |1 January 1993 |
|Denmark |. |22 December 1972 a |22 March 1973 |
|Djibouti |. |14 June 1983 d |27 June 1977 |
|Dominica |. |28 October 1988 a |26 January 1989 |
|Dominican Republic |. |11 April 2002 a |10 July 2002 |
|Ecuador |17 December 1958 |3 January 1962 |3 April 1962 |
|Egypt |. |9 March 1959 a |7 June 1959 |
|El Salvador |10 June 1958 |26 February 1998 |27 May 1998 |
|Estonia |. |30 August 1993 a |28 November 1993 |
|Finland |29 December 1958 |19 January 1962 |19 April 1962 |
|France |25 November 1958 |26 June 1959 |24 September 1959 |
|Georgia |. |2 June 1994 a |31 August 1994 |
|Germany |10 June 1958 |30 June 1961 |28 September 1961 |
|Ghana |. |9 April 1968 a |8 July 1968 |
|Greece |. |16 July 1962 a |14 October 1962 |
|Guatemala |. |21 March 1984 a |19 June 1984 |
|Guinea |. |23 January 1991 a |23 April 1991 |
|Haiti |. |5 December 1983 a |4 March 1984 |
|Holy See |. |14 May 1975 a |12 August 1975 |
|Honduras |. |3 October 2000 a |1 January 2001 |
|Hungary |. |5 March 1962 a |3 June 1962 |
|Iceland |. |24 January 2002 a |24 April 2002 |
|India |10 June 1958 |13 July 1960 |11 October 1960 |
|Indonesia |. |7 October 1981 a |5 January 1982 |
|Iran (Islamic Rep. of) |. |15 October 2001 a |13 January 2002 |
|Ireland |. |12 May 1981 a |10 August 1981 |
|Israel |10 June 1958 |5 January 1959 |7 June 1959 |
|Italy |. |31 January 1969 a |1 May 1969 |
|Jamaica |. |10 July 2002 a |8 October 2002 |
|Japan |. |20 June 1961 a |18 September 1961 |
|Jordan |10 June 1958 |15 November 1979 |13 February 1980 |
|Kazakhstan |. |20 November 1995 a |18 February 1996 |
|Kenya |. |10 February 1989 a |11 May 1989 |
|Kuwait |. |28 April 1978 a |27 July 1978 |
|Kyrgyzstan |. |18 December 1996 a |18 March 1997 |
|Lao People's Democratic Republic |. |17 June 1998 a |15 September 1998 |
|Latvia |. |14 April 1992 a |13 July 1992 |
|Lebanon |. |11 August 1998 a |9 November 1998 |
|Lesotho |. |13 June 1989 a |11 September 1989 |
|Lithuania |. |14 March 1995 a |12 June 1995 |
|Luxembourg |11 November 1958 |9 September 1983 |8 December 1983 |
|Madagascar |. |16 July 1962 a |14 October 1962 |
|Malaysia |. |5 November 1985 a |3 February 1986 |
|Mali |. |8 September 1994 a |7 December 1994 |
|Malta |. |22 June 2000 a |20 September 2000 |
|Mauritania |. |30 January 1997 a |30 April 1997 |
|Mauritius |. |19 June 1996 a |17 September 1996 |
|Mexico |. |14 April 1971 a |13 July 1971 |
|Monaco |31 December 1958 |2 June 1982 |31 August 1982 |
|Mongolia |. |24 October 1994 a |22 January 1995 |
|Morocco |. |12 February 1959 a |7 June 1959 |
|Mozambique |. |11 June 1998 a |9 September 1998 |
|Nepal |. |4 March 1998 a |2 June 1998 |
|Netherlands |10 June 1958 |24 April 1964 |23 July 1964 |
|New Zealand |. |6 January 1983 a |6 April 1983 |
|Nicaragua |. |24 September 2003 |23 December 2003 |
| | |a | |
|Niger |. |14 October 1964 a |12 January 1965 |
|Nigeria |. |17 March 1970 a |15 June 1970 |
|Norway |. |14 March 1961 a |12 June 1961 |
|Oman |. |25 February 1999 a |26 May 1999 |
|Pakistan |30 December 1958 |. |. |
|Panama |. |10 October 1984 a |8 January 1985 |
|Paraguay |. |8 October 1997 a |6 January 1998 |
|Peru |. |7 July 1988 a |5 October 1988 |
|Philippines |10 June 1958 |6 July 1967 |4 October 1967 |
|Poland |10 June 1958 |3 October 1961 |1 January 1962 |
|Portugal |. |18 October 1994 a |16 January 1995 |
|Qatar |. |30 December 2002 a |30 March 2003 |
|Republic of Korea |. |8 February 1973 a |9 May 1973 |
|Republic of Moldova |. |18 September 1998 a |17 December 1998 |
|Romania |. |13 September 1961 a |12 December 1961 |
|Russian Federation |29 December 1958 |24 August 1960 |22 November 1960 |
|Saint Vincent and the Grenadines |. |12 September 2000 a |11 December 2000 |
|San Marino |. |17 May 1979 a |15 August 1979 |
|Saudi Arabia |. |19 April 1994 a |18 July 1994 |
|Senegal |. |17 October 1994 a |15 January 1995 |
|Serbia and Montenegro |. |12 March 2001 d |27 April 1992 |
|Singapore |. |21 August 1986 a |19 November 1986 |
|Slovakia |. |28 May 1993 d |1 January 1993 |
|Slovenia |. |6 July 1992 d |25 June 1991 |
|South Africa |. |3 May 1976 a |1 August 1976 |
|Spain |. |12 May 1977 a |10 August 1977 |
|Sri Lanka |30 December 1958 |9 April 1962 |8 July 1962 |
|Sweden |23 December 1958 |28 January 1972 |27 April 1972 |
|Switzerland |29 December 1958 |1 June 1965 |30 August 1965 |
|Syrian Arab Republic |. |9 March 1959 a |7 June 1959 |
|Thailand |. |21 December 1959 a |20 March 1960 |
|The former Yugoslav Republic of |. |10 March 1994 d |17 September 1991 |
|Macedonia | | | |
|Trinidad and Tobago |. |14 February 1966 a |15 May 1966 |
|Tunisia |. |17 July 1967 a |15 October 1967 |
|Turkey |. |2 July 1992 a |30 September 1992 |
|Uganda |. |12 February 1992 a |12 May 1992 |
|Ukraine |29 December 1958 |10 October 1960 |8 January 1961 |
|United Kingdom of Great Britain and |. |24 September 1975 a |23 December 1975 |
|Northern Ireland | | | |
|United Republic of Tanzania |. |13 October 1964 a |12 January 1965 |
|United States of America |. |30 September 1970 a |29 December 1970 |
|Uruguay |. |30 March 1983 a |28 June 1983 |
|Uzbekistan |. |7 February 1996 a |7 May 1996 |
|Venezuela |. |8 February 1995 a |9 May 1995 |
|Vietnam |. |12 September 1995 a |11 December 1995 |
|Zambia |. |14 March 2002 a |12 June 2002 |
|Zimbabwe |. |29 September 1994 a |28 December 1994 |
Declarations and Reservations by FTAA States
(Unless otherwise indicated, the declarations and reservations were made upon ratification,
accession or succession. For objections thereto and territorial applications, see hereinafter.)
Antigua and Barbuda
Declarations:
"In accordance with article I, the Government of Antigua and Barbuda declares that it will apply the Convention on the basis of reciprocity only to the recognition and enforcement of awards made in the territory of another contracting state.
The Government of Antigua and Barbuda also declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Antigua and Barbuda."
Argentina7
Upon signature:
Subject to the declaration contained in the Final Act.
Upon ratification:
On the basis of reciprocity, the Republic of Argentina will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State. It will also apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.
The Convention will be interpreted in accordance with the principles and clauses of the National Constitution in force or those resulting from modification made by virtue of the Constitution.
Barbados
Declaration:
" (i) In accordance with article 1 (3) of the Convention, the Government of Barbados declares that it will apply the Convention on the basis of reciprocity to the recognition and enforcement of awards made only in the territory of another Contracting State.
(ii) The Government of Barbados will also apply the Convention only to differences arising out of legal relationships, whether contractual or not which are considered as commercial under the laws of Barbados."
Canada
As revised on 22 November 1988
"The Government of Canada declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Canada, except in the case of the Province of Quebec where the law does not provide for such limitation."
Ecuador
Ecuador, on a basis of reciprocity, will apply the Convention to the recognition and enforcement of arbitral awards made in the territory of another Contracting State only if such awards have been made with respect to differences arising out of legal relationships which are regarded as commercial under Ecuadorian law.
Guatemala
On the basis of reciprocity, the Republic of Guatemala will apply the above Convention to the recognition and enforcement of arbitral awards made only in the territory of another contracting State; and will apply it only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.
Jamaica
State will apply the Convention only to recognition and enforcement of awards made in the territory of another Contracting State.
State will apply the Convention only to differences arising out of legal relationships whether contractual or not which are considered as commercial under the national law
Saint Vincent and the Grenadines
Declaration:
"In accordance with article I of [the] Convention, the Government of Saint Vincent and the Grenadines declares that they will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. They further declare that they will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Saint Vincent and the Grenadines."
Trinidad and Tobago
"In accordance with article I of the Convention, the Government of Trinidad and Tobago declares that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. The Government of Trinidad and Tobago further declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the Law of Trinidad and Tobago."
United States of America
"The United States of America will apply the Convention, on the basis of reciprocity, to the recognition and enforcement of only those awards made in the territory of another Contracting State.
"The United States of America will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the United States."
Venezuela
Declarations:
(a) The Republic of Venezuela will apply the Convention only to the recognition and enforcement of foreign arbitral awards made in the territory of another Contracting State.
(b) The Republic of Venezuela will apply the present Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under its national law.
Objections
(Unless otherwise indicated, the objections were received upon
ratification, accession or succession.)
Germany4
29 December 1989
The Federal Republic of Germany is of the opinion that the second paragraph of the declaration of the Argentine Republic represents a reservation and as such is not only contradictory to article I (3) of the Convention but is also vague and hence inadmissible; it therefore raises an objection to that reservation.
In all other respects this objection is not intended to prevent the entry into force of the Convention between the Argentine Republic and the Federal Republic of Germany.
Territorial Application
|Participant |Date of receipt of the notification| Territories |
|Netherlands |24 Apr 1964 |Netherlands Antilles, Surinam |
|United Kingdom |24 Sep 1975 |Gibraltar |
| |21 Jan 1977 |Hong Kong |
| |22 Feb 1979 |Isle of Man |
| |14 Nov 1979 |Bermuda |
| |26 Nov 1980 |Belize, Cayman Islands |
| |19 Apr 1985 |Guernsey |
|United States of America |3 Nov 1970 |All the territories for the international relations of which the |
| | |United States of America is responsible |
Declarations and reservations made upon
notification of territorial application
United Kingdom of Great Britain and Northern Ireland
Belize, Bermuda, Cayman Islands, Guernsey
[The Convention will apply] . . . "in accordance with article I, paragraph 3 thereof, only to the recognition and enforcement of awards made in the territory of another Contracting State."
NOTES:
...
7 The Declaration made upon signature and contained in the Final Act reads as follows:
“If another Contracting Party extends the application of the Convention to territories which fall within the sovereignty of the Argentine Republic, the rights of the Argentine Republic shall in no way be affected by that extension.”
INTER-AMERICAN CONVENTION ON EXTRATERRITORIAL VALIDITY OF
FOREIGN JUDGMENTS AND ARBITRAL AWARDS
The Governments of the Member States of the Organization of American States,
CONSIDERING that the administration of justice in the American States requires their mutual cooperation for the purpose of ensuring the extraterritorial validity of judgments and arbitral awards rendered in their respective territorial jurisdictions as follows:
Article 1
This Convention shall apply to judgments and arbitral awards rendered in civil, commercial or labor proceedings in one of the States Parties, unless at the time of ratification it makes an express reservation to limit the Convention to compensatory judgments (sentencias de condena) involving property. In addition, any one of them may declare, when ratifying the Convention, that is also applies to rulings that end proceedings, to the decisions of authorities that exercise some jurisdictional function and to judgments in penal proceedings ordering compensation for damages resulting from an offense.
The rules of this Convention shall apply to arbitral awards in all matters not covered by the Inter-American Convention on International Commercial Arbitration, signed in Panama on January 30, 1975.
Article 2
The foreign judgments, awards and decisions referred to in Article 1 shall have extraterritorial validity in the States Parties if they meet the following conditions:
a. They fulfill all the formal requirements necessary for them to be deemed authentic in the State of origin;
b. The judgment, award or decision and the documents attached thereto that are required under this Convention are duly translated into the official language of the State where they are to take effect;
c. They are presented duly legalized in accordance with the law of the State in which they are to take effect;
d. The judge or tribunal rendering the judgment is competent in the international sphere to try the matter and to pass judgment on it in accordance with the law of the State in which the judgment, award or decision is to take effect;
e. The plaintiff has been summoned or subpoenaed in due legal form substantially equivalent to that accepted by the law of the State where the judgment, award or decision is to take effect;
f. The parties had an opportunity to present their defense;
g. They are final or, where appropriate have the force of res judicata in the State in which they were rendered;
h. They are not manifestly contrary to the principles and laws of the public policy (ordre public) of the State in which recognition of execution is sought.
Article 3
The documents of proof required to request execution of judgments, awards and decisions are as follows:
a. A certified copy of the judgment, award or decision;
b. A certified copy of the documents proving that the provisions of items (e) and (f) of the foregoing article have been compiled with; and
c. A certified copy of the document stating that the judgment, award or decision is final or has the force of res judicata.
Article 4
If a foreign judgment, award or decision cannot be executed in its entirety, the judge or tribunal may agree to its partial execution at the request of an interested party.
Article 5
The declaration in forma pauperis recognized in the State of origin of the judgment shall be recognized in the State of destination.
Article 6
The procedures for ensuring the validity of foreign judgments, awards and decisions, including the jurisdiction of the respective judges and tribunals, shall be governed by the law of the State in which execution is sought.
Article 7
This Convention shall be open for signature by the Member States of the Organization of American States.
Article 8
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
Article 9
This Convention shall remain open for accession by any other State. The instrument of accession shall be deposited with the General Secretariat of the Organization of American States.
Article 10
Each State may, at the time of signature, ratification or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of the Convention.
Article 11
This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.
For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Article 12
If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.
Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which this Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall become effective thirty days after the date of their receipt.
Article 13
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.
Article 14
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which will forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of that Organization and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation as well as of reservations, if any. It shall also transmit the declarations referred to in Article 12 of this Convention.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
DONE AT MONTEVIDEO, Republic of Uruguay, this eighth day of May, one thousand nine hundred and seventy-nine.
B-41: INTERAMERICAN CONVENTION ON TERRITORIAL EFFECTIVENESS OF FOREIGN ARBITRATION AWARDS
ADOPTED IN: MONTEVIDEO, URUGUAY
DATE: 08/05/79
CONF/ASSEEMBLY/MEETING: SECOND SPECIALIZED INTERAMERICAN CONFERENCE ON
PRIVATE INTERNATIONAL LAW
IN FORCE: 14/06/80 PURSUANT TO ARTICLE 23 OF THE CONVENTION
DEPOSITORY: SECRETARIAT GENERAL OF THE OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS)
TEXT: SERIES ON TREATIES, OAS, NO. 51
UN REGISTRATION: 20/03/89 No. 24392 Vol.
REMARKS: The convention is open for the signature of the Members of the Organization of American States and the accession of any other State.
GENERAL INFORMATION ON THE TREATY: B-41
---------------------------------------------------------------------------------------------------------------------------------
SIGNATORY COUNTRIES DATE REF RA/AC/AD REF DEPOSIT INST. REPORTS REF
---------------------------------------------------------------------------------------------------------------------------------
Argentina ……………………… 01/12/83 07/11/83 01/12/83 RA / /
Bolivia ….……………………… 02/08/83 15/05/98 08/10/98 / /
Brazil ….. ……………………… 08/05/79 R 1 31/08/95 27/11/95 RA / /
Chile …………………………… 08/05/79 / / / / / /
Colombia ……………………… 08/05/79 24/06/81 10/09/81 RA / /
Costa Rica ……………………… 08/05/79 / / / / / /
Ecuador ………………………… 08/05/79 05/05/82 06/01/82 RA / /
El Salvador……………………… 11/08/80 / / / / / /
Guatemala ……………………… 08/05/79 / / / / / /
Haiti ……………………………. 08/05/79 / / / / / /
Honduras ……………………… 08/05/79 / / / / / /
Mexico … ….…………………… 02/12/86 11/02/87 DR a 12/06/87 RA / /
Panama ……..…………………… 08/05/79 / / / / / /
Paraguay ………………………… 08/05/79 05/07/85 16/08/85 RA / /
Peru … …….…………………… 08/05/79 09/04/80 15/05/80 RA / /
Dominican Republic …………… 08/05/79 / / / / / /
Uruguay ………………………… 08/05/79 D 2 12/02/80 D b 15/05/83 RA / /
Venezuela….…………………… 08/05/79 30/01/85 28/02/85 RA / /
REF = REFERENCE INST = TYPE OF INSTRUMENT
D = STATEMENT RA = RATIFICATION
R = RESERVATIONS AC = ACCEPTANCE
REPORTS = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION
B-41. INTERAMERICAN CONVENTION ON THE EFFECTIVENESS OF EXTRATERRITORIAL JUDGMENTS AND ARBITRATION AWARDS
1. Brazil:
(Reservation made upon signing the Convention)
Reservation as regards letter d), Article 2.
2. Uruguay:
(Declaration made upon signing the Convention)
Scope granted to Public Order:
The Republic of Uruguay states that it expressly ratifies the line of thought expressed by Panama –CIDIP-I—reaffirming its true Pan-American spirit and its clear and positive decision of contributing with its ideas and vote, to the effective development of the legal community.
This line of thought and conduct has been demonstrated without doubt, with the ratification without reserves by Uruguay, of all the Panama Conventions approved by Law N 14.534 of 1976.
In accordance with the above, the Republic of Uruguay votes affirmatively for the public order formula, without prejudice of expressly and clearly pointing out, according to the position expressed in Panama, that according with its interpretation of the above mentioned exception, this refers to international public order, as a singular legal institution, not necessarily identified with the internal public order of each State.
Therefore, in the opinion of the Republic of Uruguay, the formula approved involves an exceptional authorization to the different Party States, so that in a non-discretionary and justified manner, declare non-applicable the precepts of the foreign law, when these offend in a specific, serious and manifest manner, the essential regulations and principles of international public order, on which each State bases its legal individuality.
B-41/2
a. Mexico:
(Reservation and interpretive statements made upon ratification of the Convention)
Reservation:
Article 1
As regards Article 1 of the Convention, Mexico expressly states its reservation to limit its application to the judgments passed in one of the Party States, imposing sentences involving assets.
Interpretive Declarations:
Article 2
As regards Article 2 , paragraph d) of the Convention, Mexico declares that said condition shall be considered upheld when the authority of the judge or tribunal that has been established to coincide with the rules acknowledged by the Interamerican Convention, on the Basis of Jurisdiction in the International Sphere, for the Extraterritorial EFFECTIVENESS of the Foreign Judgments and Awards, excluding all subjects referring to Article 6 of the same instrument, subscribed in La Paz, Bolivia, on May 24, 1984.
Article 3
Likewise, as regards to Article 3, the United States of Mexico interpret that for the harmonization and coercive execution of the foreign judgments and awards, it is necessary to make them known by means of petitions or rogatory letters, where the necessary citations appear, so that the Parties can appear before the petitioner.
Article 6
Mexico interprets Article 6 of the Convention in the sense that the petitioned judge has jurisdiction in all related procedures, to insure the execution of the sentences, including, among others, those concerning attachments, receiverships, mediation/arbitration and public sales.
b. Uruguay:
c. (Declaration made upon ratification of the Convention)
CONVENTION ON THE SETTLEMENT OFINVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES
PREAMBLE
The Contracting States
Considering the need for international cooperation for economic development, and the role of private international investment therein;
Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals of other Contracting States;
Recognizing that while such disputes would usually be subject to national legal processes, international methods of settlement may be appropriate in certain cases;
Attaching particular importance to the availability of facilities for international conciliation or arbitration to which Contracting States and nationals of other Contracting States may submit such disputes if they so desire;
Desiring to establish such facilities under the auspices of the International Bank for Reconstruction and Development;
Recognizing that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation of conciliators, and that any arbitral award be complied with; and
Declaring that no Contracting State shall by the mere fact of its ratification, acceptance or approval of this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration,
Have agreed as follows:
CHAPTER I
International Centre for Settlement of Investment Disputes
Section 1
Establishment and Organization
Article 1
(1) There is hereby established the International Centre for Settlement of Investment Disputes (hereinafter called the Centre).
(2) The purpose of the Centre shall be to provide facilities for conciliation and arbitration of investment disputes between Contracting States and nationals of other Contracting States in accordance with the provisions of this Convention.
Article 2
The seat of the Centre shall be at the principal office of the International Bank for Reconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision of the Administrative Council adopted by a majority of two-thirds of its members.
Article 3
The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel of Conciliators and a Panel of Arbitrators.
Section 2
The Administrative Council
Article 4
(1) The Administrative Council shall be composed of one representative of each Contracting State. An alternate may act as representative in case of his principal's absence from a meeting or inability to act.
(2) In the absence of a contrary designation, each governor and alternate governor of the Bank appointed by a Contracting State shall be ex officio its representative and its alternate respectively.
Article 5
The President of the Bank shall be ex officio Chairman of the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the office of President of the Bank, the person for the time being acting as President shall act as Chairman of the Administrative Council.
Article 6
(1) Without prejudice to the powers and functions vested in it by other provisions of this Convention, the Administrative Council shall:
(a) adopt the administrative and financial regulations of the Centre;
(b) adopt the rules of procedure for the institution of conciliation and arbitration proceedings;
(c) adopt the rules of procedure for conciliation and arbitration proceedings (hereinafter called the
Conciliation Rules and the Arbitration Rules);
(d) approve arrangements with the Bank for the use of the Bank's administrative facilities and
services;
(e) determine the conditions of service of the Secretary-General and of any Deputy Secretary-
General;
(f) adopt the annual budget of revenues and expenditures of the Centre;
(g) approve the annual report on the operation of the Centre.
The decisions referred to in sub-paragraphs (a), (b), (c) and (f) above shall be adopted by a majority of two-thirds of the members of the Administrative Council.
(2) The Administrative Council may appoint such committees as it considers necessary.
(3) The Administrative Council shall also exercise such other powers and perform such other functions as it shall determine to be necessary for the implementation of the provisions of this Convention.
Article 7
(1) The Administrative Council shall hold an annual meeting and such other meetings as may be determined by the Council, or convened by the Chairman, or convened by the Secretary-General at the request of not less than five members of the Council.
(2) Each member of the Administrative Council shall have one vote and, except as otherwise herein provided, all matters before the Council shall be decided by a majority of the votes cast.
(3) A quorum for any meeting of the Administrative Council shall be a majority of its members.
(4) The Administrative Council may establish, by a majority of two-thirds of its members, a procedure whereby the Chairman may seek a vote of the Council without convening a meeting of the Council. The vote shall be considered valid only if the majority of the members of the Council cast their votes within the time limit fixed by the said procedure.
Article 8
Members of the Administrative Council and the Chairman shall serve without remuneration from the Centre.
Section 3
The Secretariat
Article 9
The Secretariat shall consist of a Secretary-General, one or more Deputy Secretaries-General and staff.
Article 10
(1) The Secretary-General and any Deputy Secretary-General shall be elected by the Administrative Council by a majority of two-thirds of its members upon the nomination of the Chairman for a term of service not exceeding six years and shall be eligible for re-election. After consulting the members of the Administrative Council, the Chairman shall propose one or more candidates for each such office.
(2) The offices of Secretary-General and Deputy Secretary-General shall be incompatible with the exercise of any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval of the Administrative Council.
(3) During the Secretary-General's absence or inability to act, and during any vacancy of the office of Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General.
Article 11
The Secretary-General shall be the legal representative and the principal officer of the Centre and shall be responsible for its administration, including the appointment of staff, in accordance with the provisions of this Convention and the rules adopted by the Administrative Council. He shall perform the function of registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof.
Section 4
The Panels
Article 12
The Panel of Conciliators and the Panel of Arbitrators shall each consist of qualified persons, designated as hereinafter provided, who are willing to serve thereon.
Article 13
(1) Each Contracting State may designate to each Panel four persons who may but need not be its nationals.
(2) The Chairman may designate ten persons to each Panel. The persons so designated to a Panel shall each have a different nationality.
Article 14
(1) Persons designated to serve on the Panels shall be persons of high moral character and recognized competence in the fields of law, commerce; industry or finance, who may be relied upon to exercise independent judgment. Competence in the field of law shall be of particular importance in the case of persons on the Panel of Arbitrators.
(2) The Chairman, in designating persons to serve on the Panels, shall in addition pay due regard to the importance of assuring representation on the Panels of the principal legal systems of the world and of the main forms of economic activity.
Article 15
(1) Panel members shall serve for renewable periods of six years.
(2) In case of death or resignation of a member of a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder of that member's term.
(3) Panel members shall continue in office until their successors have been designated.
Article 16
(1) A person may serve on both Panels.
(2) If a person shall have been designated to serve on the same Panel by more than one Contracting State, or by one or more Contracting States and the Chairman, he shall be deemed to have been designated by the authority which first designated him or, if one such authority is the State of which he is a national, by that State.
(3) All designations shall be notified to the Secretary-General and shall take effect from the date on which the notification is received.
Section 5
Financing the Centre
Article 17
If the expenditure of the Centre cannot be met out of charges for the use of its facilities, or out of other receipts, the excess shall be borne by Contracting States which are members of the Bank in proportion to their respective subscriptions to the capital stock of the Bank, and by Contracting States which are not members of the Bank in accordance with rules adopted by the Administrative Council.
Section 6
Status, Immunities and Privileges
Article 18
The Centre shall have full international legal personality. The legal capacity of the Centre shall include the capacity:
(a) to contract;
(b) to acquire and dispose of movable and immovable property;
(c) to institute legal proceedings.
Article 19
To enable the Centre to fulfill its functions, it shall enjoy in the territories of each Contracting State the immunities and privileges set forth in this Section.
Article 20
The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity.
Article 21
The Chairman, the members of the Administrative Council, persons acting as conciliators or arbitrators or members of a Committee appointed pursuant to paragraph (3) of Article 52, and the officers and employees of the Secretariat
(a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise
of their functions, except when the Centre waives this immunity;
(b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien
registration requirements and national service obligations, the same facilities as regards exchange
restrictions and the same treatment in respect of traveling facilities as are accorded by Contracting
States to the representatives, officials and employees of comparable rank of other Contracting
States.
Article 22
The provisions of Article 21 shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held.
Article 23
(1) The archives of the Centre shall be inviolable, wherever they may be.
(2) With regard to its official communications, the Centre shall be accorded by each Contracting State treatment not less favorable than that accorded to other international organizations.
Article 24
(1) The Centre, its assets, property and income, and its operations and transactions authorized by this Convention shall be exempt from all taxation and customs duties. The Centre shall also be exempt from liability for the collection or payment of any taxes or customs duties.
(2) Except in the case of local nationals, no tax shall be levied on or in respect of expense allowances paid by the Centre to the Chairman or members of the Administrative Council, or on or in respect of salaries, expense allowances or other emoluments paid by the Centre to officials or employees of the Secretariat.
(3) No tax shall be levied on or in respect of fees or expense allowances received by persons acting as conciliators, or arbitrators, or members of a Committee appointed pursuant to paragraph (3) of Article 52, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location of the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid.
CHAPTER II
Jurisdiction of the Centre
Article 25
(1) The jurisdiction of the Centre shall extend to any legal dispute arising directly out of an investment, between a Contracting State (or any constituent subdivision or agency of a Contracting State designated to the Centre by that State) and a national of another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.
(2) "National of another Contracting State" means:
(a) any natural person who had the nationality of a Contracting State other than the State party to
the dispute on the date on which the parties consented to submit such dispute to conciliation or
arbitration as well as on the date on which the request was registered pursuant to paragraph (3) of
Article 28 or paragraph (3) of Article 36, but does not include any person who on either date also
had the nationality of the Contracting State party to the dispute; and
(b) any juridical person which had the nationality of a Contracting State other than the State party
to the dispute on the date on which the parties consented to submit such dispute to conciliation or
arbitration and any juridical person which had the nationality of the Contracting State party to the
dispute on that date and which, because of foreign control, the parties have agreed should be treated as a national of another Contracting State for the purposes of this Convention.
(3) Consent by a constituent subdivision or agency of a Contracting State shall require the approval of that State unless that State notifies the Centre that no such approval is required.
(4) Any Contracting State may, at the time of ratification, acceptance or approval of this Convention or at any time thereafter, notify the Centre of the class or classes of disputes which it would or would not consider submitting to the jurisdiction of the Centre. The Secretary-General shall forthwith transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph (1).
Article 26
Consent of the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion of any other remedy. A Contracting State may require the exhaustion of local administrative or judicial remedies as a condition of its consent to arbitration under this Convention.
Article 27
(1) No Contracting State shall give diplomatic protection, or bring an international claim, in respect of a dispute which one of its nationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contracting State shall have failed to abide by and comply with the award rendered in such dispute.
(2) Diplomatic protection, for the purposes of paragraph (1), shall not include informal diplomatic exchanges for the sole purpose of facilitating a settlement of the dispute.
CHAPTER III
Conciliation
Section 1
Request for Conciliation
Article 28
(1) Any Contracting State or any national of a Contracting State wishing to institute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to conciliation in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
(3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.
Section 2
Constitution of the Conciliation Commission
Article 29
(1) The Conciliation Commission (hereinafter called the Commission) shall be constituted as soon as possible after registration of a request pursuant to Article 28.
(2)
(a) The Commission shall consist of a sole conciliator or any uneven number of conciliators appointed as the parties shall agree.
(b) Where the parties do not agree upon the number of conciliators and the method of their appointment, the Commission shall consist of three conciliators, one conciliator appointed by each party and the third, who shall be the president of the Commission, appointed by agreement of the parties.
Article 30
If the Commission shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 28, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the conciliator or conciliators not yet appointed.
Article 31
(1) Conciliators may be appointed from outside the Panel of Conciliators, except in the case of appointments by the Chairman pursuant to Article 30.
(2) Conciliators appointed from outside the Panel of Conciliators shall possess the qualities stated in paragraph (1) of Article 14.
Section 3
Conciliation Proceedings
Article 32
(1) The Commission shall be the judge of its own competence.
(2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.
Article 33
Any conciliation proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question of procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, the Commission shall decide the question.
Article 34
(1) It shall be the duty of the Commission to clarify the issues in dispute between the parties and to endeavor to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage of the proceedings and from time to time recommend terms of settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.
(2) If the parties reach agreement, the Commission shall draw up a report noting the issues in dispute and recording that the parties have reached agreement. If, at any stage of the proceedings, it appears to the Commission that there is no likelihood of agreement between the parties, it shall close the proceedings and shall draw up a report noting the submission of the dispute and recording the failure of the parties to reach agreement. If one party fails to appear or participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party's failure to appear or participate.
Article 35
Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall be entitled in any other proceeding, whether before arbitrators or in a court of law or otherwise, to invoke or rely on any views expressed or statements or admissions or offers of settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission.
CHAPTER IV
Arbitration
Section I
Request for Arbitration
Article 36
(1) Any Contracting State or any national of a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy of the request to the other party.
(2) The request shall contain information concerning the issues in dispute, the identity of the parties and their consent to arbitration in accordance with the rules of procedure for the institution of conciliation and arbitration proceedings.
(3) The Secretary-General shall register the request unless he finds, on the basis of the information contained in the request, that the dispute is manifestly outside the jurisdiction of the Centre. He shall forthwith notify the parties of registration or refusal to register.
Section 2
Constitution of the Tribunal
Article 37
(1) The Arbitral Tribunal (hereinafter called the Tribunal) shall be constituted as soon as possible after registration of a request pursuant to Article 36.
(2)
(a) The Tribunal shall consist of a sole arbitrator or any uneven number of arbitrators appointed as the parties shall agree.
(b) Where the parties do not agree upon the number of arbitrators and the method of their appointment, the Tribunal shall consist of three arbitrators, one arbitrator appointed by each party and the third, who shall be the president of the Tribunal, appointed by agreement of the parties.
Article 38
If the Tribunal shall not have been constituted within 90 days after notice of registration of the request has been dispatched by the Secretary-General in accordance with paragraph (3) of Article 36, or such other period as the parties may agree, the Chairman shall, at the request of either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals of the Contracting State party to the dispute or of the Contracting State whose national is a party to the dispute.
Article 39
The majority of the arbitrators shall be nationals of States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions of this Article shall not apply if the sole arbitrator or each individual member of the Tribunal has been appointed by agreement of the parties.
Article 40
(1) Arbitrators may be appointed from outside the Panel of Arbitrators, except in the case of appointments by the Chairman pursuant to Article 38.
(2) Arbitrators appointed from outside the Panel of Arbitrators shall possess the qualities stated in paragraph (1) of Article 14.
Section 3
Powers and Functions of the Tribunal
Article 41
(1) The Tribunal shall be the judge of its own competence.
(2) Any objection by a party to the dispute that that dispute is not within the jurisdiction of the Centre, or for other reasons is not within the competence of the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits of the dispute.
Article 42
(1) The Tribunal shall decide a dispute in accordance with such rules of law as may be agreed by the parties. In the absence of such agreement, the Tribunal shall apply the law of the Contracting State party to the dispute (including its rules on the conflict of laws) and such rules of international law as may be applicable.
(2) The Tribunal may not bring in a finding of non liquet on the ground of silence or obscurity of the law.
(3) The provisions of paragraphs (1) and (2) shall not prejudice the power of the Tribunal to decide a dispute ex aequo et bono if the parties so agree.
Article 43
Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at any stage of the proceedings,
(a) call upon the parties to produce documents or other evidence, and
(b) visit the scene connected with the dispute, and conduct such inquiries there as it may deem appropriate.
Article 44
Any arbitration proceeding shall be conducted in accordance with the provisions of this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. If any question of procedure arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question.
Article 45
(1) Failure of a party to appear or to present his case shall not be deemed an admission of the other party's assertions.
(2) If a party fails to appear or to present his case at any stage of the proceedings the other party may request the Tribunal to deal with the questions submitted to it and to render an award. Before rendering an award, the Tribunal shall notify, and grant a period of grace to, the party failing to appear or to present its case, unless it is satisfied that that party does not intend to do so.
Article 46
Except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counterclaims arising directly out of the subject-matter of the dispute provided that they are within the scope of the consent of the parties and are otherwise within the jurisdiction of the Centre.
Article 47
Except as the parties otherwise agree, the Tribunal may, if it considers that the circumstances so require, recommend any provisional measures which should be taken to preserve the respective rights of either party.
Section 4
The Award
Article 48
(1) The Tribunal shall decide questions by a majority of the votes of all its members.
(2) The award of the Tribunal shall be in writing and shall be signed by the members of the Tribunal who voted for it.
(3) The award shall deal with every question submitted to the Tribunal, and shall state the reasons upon which it is based.
(4) Any member of the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement of his dissent.
(5) The Centre shall not publish the award without the consent of the parties.
Article 49
(1) The Secretary-General shall promptly dispatch certified copies of the award to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.
(2) The Tribunal upon the request of a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similar error in the award. Its decision shall become part of the award and shall be notified to the parties in the same manner as the award. The periods of time provided for under paragraph (2) of Article 51 and paragraph (2) of Article 52 shall run from the date on which the decision was rendered.
Section 5
Interpretation, Revision and Annulment of the Award
Article 50
(1) If any dispute shall arise between the parties as to the meaning or scope of an award, either party may request interpretation of the award by an application in writing addressed to the Secretary-General.
(2) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter. The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision.
Article 51
(1) Either party may request revision of the award by an application in writing addressed to the Secretary-General on the ground of discovery of some fact of such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant's ignorance of that fact was not due to negligence.
(2) The application shall be made within 90 days after the discovery of such fact and in any event within three years after the date on which the award was rendered.
(3) The request shall, if possible, be submitted to the Tribunal which rendered the award. If this shall not be possible, a new Tribunal shall be constituted in accordance with Section 2 of this Chapter.
(4) The Tribunal may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Tribunal rules on such request.
Article 52
(1) Either party may request annulment of the award by an application in writing addressed to the Secretary-General on one or more of the following grounds:
(a) that the Tribunal was not properly constituted;
(b) that the Tribunal has manifestly exceeded its powers;
(c) that there was corruption on the part of a member of the Tribunal;
(d) that there has been a serious departure from a fundamental rule of procedure; or
(e) that the award has failed to state the reasons on which it is based.
(2) The application shall be made within 120 days after the date on which the award was rendered except that when annulment is requested on the ground of corruption such application shall be made within 120 days after discovery of the corruption and in any event within three years after the date on which the award was rendered.
(3) On receipt of the request the Chairman shall forthwith appoint from the Panel of Arbitrators an ad hoc Committee of three persons. None of the members of the Committee shall have been a member of the Tribunal which rendered the award, shall be of the same nationality as any such member, shall be a national of the State party to the dispute or of the State whose national is a party to the dispute, shall have been designated to the Panel of Arbitrators by either of those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any of the grounds set forth in paragraph (1).
(4) The provisions of Articles 41-45, 48, 49, 53 and 54, and of Chapters VI and VII shall apply mutatis mutandis to proceedings before the Committee.
(5) The Committee may, if it considers that the circumstances so require, stay enforcement of the award pending its decision. If the applicant requests a stay of enforcement of the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request.
(6) If the award is annulled the dispute shall, at the request of either party, be submitted to a new Tribunal constituted in accordance with Section 2 of this Chapter.
Section 6
Recognition and Enforcement of the Award
Article 53
(1) The award shall be binding on the parties and shall not be subject to any appeal or to any other remedy except those provided for in this Convention. Each party shall abide by and comply with the terms of the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions of this Convention.
(2) For the purposes of this Section, "award" shall include any decision interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52.
Article 54
(1) Each Contracting State shall recognize an award rendered pursuant to this Convention as binding and enforce the pecuniary obligations imposed by that award within its territories as if it were a final judgment of a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment of the courts of a constituent state.
(2) A party seeking recognition or enforcement in the territories of a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy of the award certified by the Secretary-General. Each Contracting State shall notify the Secretary-General of the designation of the competent court or other authority for this purpose and of any subsequent change in such designation.
(3) Execution of the award shall be governed by the laws concerning the execution of judgments in force in the State in whose territories such execution is sought.
Article 55
Nothing in Article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity of that State or of any foreign State from execution.
CHAPTER V
Replacement and Disqualification of Conciliators and Arbitrators
Article 56
(1) After a Commission or a Tribunal has been constituted and proceedings have begun, its composition shall remain unchanged; provided, however, that if a conciliator or an arbitrator should die, become incapacitated, or resign, the resulting vacancy shall be filled in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV.
(2) A member of a Commission or Tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member of the Panel.
(3) If a conciliator or arbitrator appointed by a party shall have resigned without the consent of the Commission or Tribunal of which he was a member, the Chairman shall appoint a person from the appropriate Panel to fill the resulting vacancy.
Article 57
A party may propose to a Commission or Tribunal the disqualification of any of its members on account of any fact indicating a manifest lack of the qualities required by paragraph (1) of Article 14. A party to arbitration proceedings may, in addition, propose the disqualification of an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2 of Chapter IV.
Article 58
The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members of the Commission or Tribunal as the case may be, provided that where those members are equally divided, or in the case of a proposal to disqualify a sole conciliator or arbitrator, or a majority of the conciliators or arbitrators, the Chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions of Section 2 of Chapter III or Section 2 of Chapter IV.
CHAPTER VI
Cost of Proceedings
Article 59
The charges payable by the parties for the use of the facilities of the Centre shall be determined by the Secretary-General in accordance with the regulations adopted by the Administrative Council.
Article 60
(1) Each Commission and each Tribunal shall determine the fees and expenses of its members within limits established from time to time by the Administrative Council and after consultation with the Secretary-General.
(2) Nothing in paragraph (1) of this Article shall preclude the parties from agreeing in advance with the Commission or Tribunal concerned upon the fees and expenses of its members.
Article 61
(1) In the case of conciliation proceedings the fees and expenses of members of the Commission as well as the charges for the use of the facilities of the Centre, shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.
(2) In the case of arbitration proceedings the Tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses of the members of the Tribunal and the charges for the use of the facilities of the Centre shall be paid. Such decision shall form part of the award.
CHAPTER VII
Place of Proceedings
Article 62
Conciliation and arbitration proceedings shall be held at the seat of the Centre except as hereinafter provided.
Article 63
Conciliation and arbitration proceedings may be held, if the parties so agree,
(a) at the seat of the Permanent Court of Arbitration or of any other appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose; or
(b) at any other place approved by the Commission or Tribunal after consultation with the Secretary-General.
CHAPTER VIII
Disputes Between Contracting States
Article 64
Any dispute arising between Contracting States concerning the interpretation or application of this Convention which is not settled by negotiation shall be referred to the International Court of Justice by the application of any party to such dispute, unless the States concerned agree to another method of settlement.
CHAPTER IX
Amendment
Article 65
Any Contracting State may propose amendment of this Convention. The text of a proposed amendment shall be communicated to the Secretary-General not less than 90 days prior to the meeting of the Administrative Council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members of the Administrative Council.
Article 66
(1) If the Administrative Council shall so decide by a majority of two-thirds of its members, the proposed amendment shall be circulated to all Contracting States for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depositary of this Convention of a notification to Contracting States that all Contracting States have ratified, accepted or approved the amendment.
(2) No amendment shall affect the rights and obligations under this Convention of any Contracting State or of any of its constituent subdivisions or agencies, or of any national of such State arising out of consent to the jurisdiction of the Centre given before the date of entry into force of the amendment.
CHAPTER X
Final Provisions
Article 67
This Convention shall be open for signature on behalf of States members of the Bank. It shall also be open for signature on behalf of any other State which is a party to the Statute of the International Court of Justice and which the Administrative Council, by a vote of two-thirds of its members, shall have invited to sign the Convention.
Article 68
(1) This Convention shall be subject to ratification, acceptance or approval by the signatory States in accordance with their respective constitutional procedures.
(2) This Convention shall enter into force 30 days after the date of deposit of the twentieth instrument of ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument of ratification, acceptance or approval 30 days after the date of such deposit.
Article 69
Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions of this Convention effective in its territories.
Article 70
This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary of this Convention either at the time of ratification, acceptance or approval or subsequently.
Article 71
Any Contracting State may denounce this Convention by written notice to the depositary of this Convention. The denunciation shall take effect six months after receipt of such notice.
Article 72
Notice by a Contracting State pursuant to Articles 70 or 71 shall not affect the rights or obligations under this Convention of that State or of any of its constituent subdivisions or agencies or of any national of that State arising out of consent to the jurisdiction of the Centre given by one of them before such notice was received by the depositary.
Article 73
Instruments of ratification, acceptance or approval of this Convention and of amendments thereto shall be deposited with the Bank which shall act as the depositary of this Convention. The depositary shall transmit certified copies of this Convention to States members of the Bank and to any other State invited to sign the Convention.
Article 74
The depositary shall register this Convention with the Secretariat of the United Nations in accordance with Article 102 of the Charter of the United Nations and the Regulations thereunder adopted by the General Assembly.
Article 75
The depositary shall notify all signatory States of the following:
(a) signatures in accordance with Article 67;
(b) deposits of instruments of ratification, acceptance and approval in accordance with Article 73;
(c) the date on which this Convention enters into force in accordance with Article 68;
(d) exclusions from territorial application pursuant to Article 70;
(e) the date on which any amendment of this Convention enters into force in accordance with Article 66; and
(f) denunciations in accordance with Article 71.
DONE at Washington, in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives of the International Bank for Reconstruction and Development, which has indicated by its signature below its agreement to fulfill the functions with which it is charged under this Convention.
CONVENTION ON THE SETTLEMENT OF INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS OF OTHER STATES
LIST OF CONTRACTING STATES AND OTHER SIGNATORIES OF THE CONVENTION
(as of March 26, 2003)
The 154 States listed below have signed the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States on the dates indicated. The names of the 139 States that have deposited their instruments of ratification are in bold, and the dates of such deposit and of the attainment of the status of Contracting State by the entry into force of the Convention for each of them are also indicated.
|State |Signature |Deposit of Ratification |Entry into Force of |
| | | |Convention |
| | | | |
|Afghanistan |Sep. 30, 1966 |June 25, 1968 |July 25, 1968 |
|Albania |Oct. 15, 1991 |Oct. 15, 1991 |Nov. 14, 1991 |
|Algeria |Apr. 17, 1995 |Feb. 21, 1996 |Mar. 22, 1996 |
|Argentina |May 21, 1991 |Oct. 19, 1994 |Nov. 18, 1994 |
|Armenia |Sep. 16, 1992 |Sep. 16, 1992 |Oct. 16, 1992 |
|Australia |Mar. 24, 1975 |May 2, 1991 |June 1,1991 |
|Austria |May 17, 1966 |May 25, 1971 |June 24, 1971 |
|Azerbaijan |Sep. 18, 1992 |Sep. 18, 1992 |Oct. 18, 1992 |
|Bahamas |Oct. 19, 1995 |Oct. 19, 1995 |Nov. 18, 1995 |
|Bahrain |Sep. 22, 1995 |Feb. 14, 1996 |Mar. 15, 1996 |
|Bangladesh |Nov. 20, 1979 |Mar. 27, 1980 |Apr. 26, 1980 |
|Barbados |May 13, 1981 |Nov. 1, 1983 |Dec. 1, 1983 |
|Belarus |July 10, 1992 |July 10, 1992 |Aug. 9, 1992 |
|Belgium |Dec. 15, 1965 |Aug. 27, 1970 |Sep. 26, 1970 |
|Belize |Dec. 19, 1986 | | |
|Benin |Sep. 10, 1965 |Sep. 6, 1966 |Oct. 14, 1966 |
|Bolivia |May 3, 1991 |June 23, 1995 |July 23, 1995 |
|Bosnia and Herzegovina |Apr. 25, 1997 |May 14, 1997 |June 13, 1997 |
|Botswana |Jan. 15, 1970 |Jan. 15, 1970 |Feb. 14, 1970 |
|Brunei Darussalam |Sep.16, 2002 |Sep.16, 2002 |Oct. 16, 2002 |
|Bulgaria |Mar. 21, 2000 |Apr. 13, 2001 |May 13, 2001 |
|Burkina Faso |Sep. 16, 1965 |Aug. 29, 1966 |Oct. 14, 1966 |
|Burundi |Feb. 17, 1967 |Nov. 5, 1969 |Dec. 5, 1969 |
|Cambodia |Nov. 5, 1993 | | |
|Cameroon |Sep. 23, 1965 |Jan. 3, 1967 |Feb. 2, 1967 |
|Central African Republic |Aug. 26, 1965 |Feb. 23, 1966 |Oct. 14, 1966 |
|Chad |May 12, 1966 |Aug. 29, 1966 |Oct. 14, 1966 |
|Chile |Jan. 25, 1991 |Sep. 24, 1991 |Oct. 24, 1991 |
|China |Feb. 9, 1990 |Jan. 7, 1993 |Feb. 6, 1993 |
|Colombia |May 18, 1993 |July 15, 1997 |Aug. 14, 1997 |
|Comoros |Sep. 26, 1978 |Nov. 7, 1978 |Dec. 7, 1978 |
|Congo |Dec. 27, 1965 |June 23, 1966 |Oct. 14, 1966 |
|Congo, Democratic Rep. of |Oct. 29, 1968 |Apr. 29, 1970 |May 29, 1970 |
|Costa Rica |Sep. 29, 1981 |Apr. 27, 1993 |May 27, 1993 |
|Côte d'Ivoire |June 30, 1965 |Feb. 16, 1966 |Oct. 14, 1966 |
|Croatia |June 16, 1997 |Sep. 22, 1998 |Oct. 22, 1998 |
|Cyprus |Mar. 9, 1966 |Nov. 25, 1966 |Dec. 25, 1966 |
|Czech Republic |Mar. 23, 1993 |Mar. 23, 1993 |Apr. 22, 1993 |
|Dominican Republic |Mar. 20, 2000 | | |
|Denmark |Oct. 11, 1965 |Apr. 24, 1968 |May 24, 1968 |
|Ecuador |Jan. 15, 1986 |Jan. 15, 1986 |Feb. 14, 1986 |
|Egypt, Arab Rep. of |Feb. 11, 1972 |May 3, 1972 |June 2, 1972 |
|El Salvador |June 9, 1982 |Mar. 6, 1984 |Apr. 5, 1984 |
|Estonia |June 23, 1992 |June 23, 1992 |Jul. 23, 1992 |
|Ethiopia |Sep. 21, 1965 | | |
|Fiji |July 1, 1977 |Aug. 11, 1977 |Sep. 10, 1977 |
|Finland |July 14, 1967 |Jan. 9, 1969 |Feb. 8, 1969 |
|France |Dec. 22, 1965 |Aug. 21, 1967 |Sep. 20, 1967 |
|Gabon |Sep. 21, 1965 |Apr. 4, 1966 |Oct. 14, 1966 |
|Gambia, The |Oct. 1, 1974 |Dec. 27, 1974 |Jan. 26, 1975 |
|Georgia |Aug. 7, 1992 |Aug. 7, 1992 |Sep. 6, 1992 |
|Germany |Jan. 27, 1966 |Apr. 18, 1969 |May 18, 1969 |
|Ghana |Nov. 26, 1965 |July 13, 1966 |Oct. 14, 1966 |
|Greece |Mar. 16, 1966 |Apr. 21, 1969 |May 21, 1969 |
|Grenada |May 24, 1991 |May 24, 1991 |June 23, 1991 |
|Guatemala |Nov. 9, 1995 |Jan. 21, 2003 |Feb. 20, 2003 |
|Guinea |Aug. 27,1968 |Nov. 4, 1968 |Dec. 4, 1968 |
|Guinea-Bissau |Sep. 4, 1991 | | |
|Guyana |July 3, 1969 |July 11, 1969 |Aug. 10, 1969 |
|Haiti |Jan. 30, 1985 | | |
|Honduras |May 28, 1986 |Feb. 14, 1989 |Mar. 16, 1989 |
|Hungary |Oct. 1, 1986 |Feb. 4, 1987 |Mar. 6, 1987 |
|Iceland |July 25, 1966 |July 25, 1966 |Oct. 14, 1966 |
|Indonesia |Feb. 16, 1968 |Sep. 28, 1968 |Oct. 28, 1968 |
|Ireland |Aug. 30, 1966 |Apr. 7, 1981 |May 7, 1981 |
|Israel |June 16, 1980 |June 22, 1983 |July 22, 1983 |
|Italy |Nov. 18, 1965 |Mar. 29, 1971 |Apr. 28, 1971 |
|Jamaica |June 23, 1965 |Sep. 9, 1966 |Oct. 14, 1966 |
|Japan |Sep. 23, 1965 |Aug. 17, 1967 |Sep. 16, 1967 |
|Jordan |July 14, 1972 |Oct. 30, 1972 |Nov. 29, 1972 |
|Kazakhstan |July 23, 1992 |Sep. 21, 2000 |Oct. 21, 2000 |
|Kenya |May 24, 1966 |Jan. 3, 1967 |Feb. 2, 1967 |
|Kyrgyz, Rep. of |June 9, 1995 | | |
|Korea, Rep. of |Apr. 18, 1966 |Feb. 21, 1967 |Mar. 23, 1967 |
|Kuwait |Feb. 9, 1978 |Feb. 2, 1979 |Mar. 4, 1979 |
|Latvia |Aug. 8, 1997 |Aug. 8, 1997 |Sep. 7, 1997 |
|Lebanon |Mar. 26, 2003 |Mar. 26, 2003 |Apr. 25, 2003 |
|Lesotho |Sep. 19, 1968 |July 8, 1969 |Aug. 7, 1969 |
|Liberia |Sep. 3, 1965 |June 16, 1970 |July 16, 1970 |
|Lithuania |July 6, 1992 |July 6, 1992 |Aug. 5, 1992 |
|Luxembourg |Sep. 28, 1965 |July 30, 1970 |Aug. 29, 1970 |
|Macedonia, former Yugoslav Rep. of |Sep. 16, 1998 |Oct. 27, 1998 |Nov. 26, 1998 |
|Madagascar |June 1, 1966 |Sep. 6, 1966 |Oct. 14, 1966 |
|Malawi |June 9, 1966 |Aug. 23, 1966 |Oct. 14, 1966 |
|Malaysia |Oct. 22, 1965 |Aug. 8, 1966 |Oct. 14, 1966 |
|Mali |Apr. 9, 1976 |Jan. 3, 1978 |Feb. 2, 1978 |
|Malta |Apr. 24, 2002 | Nov. 3, 2003 | Dec. 3, 2003 |
|Mauritania |July 30, 1965 |Jan. 11, 1966 |Oct. 14, 1966 |
|Mauritius |June 2, 1969 |June 2, 1969 |July 2, 1969 |
|Micronesia |June 24, 1993 |June 24, 1993 |July 24, 1993 |
|Moldova |Aug. 12, 1992 | | |
|Mongolia |June 14, 1991 |June 14, 1991 |July 14, 1991 |
|Morocco |Oct. 11, 1965 |May 11, 1967 |June 10, 1967 |
|Mozambique |Apr. 4, 1995 |June 7, 1995 |July 7, 1995 |
|Namibia |Oct. 26, 1998 | | |
|Nepal |Sep. 28, 1965 |Jan. 7, 1969 |Feb. 6, 1969 |
|Netherlands |May 25, 1966 |Sep. 14, 1966 |Oct. 14, 1966 |
|New Zealand |Sep. 2, 1970 |Apr. 2, 1980 |May 2, 1980 |
|Nicaragua |Feb. 4, 1994 |Mar. 20, 1995 |Apr. 19, 1995 |
|Niger |Aug. 23, 1965 |Nov. 14, 1966 |Dec. 14, 1966 |
|Nigeria |July 13, 1965 |Aug. 23, 1965 |Oct. 14, 1966 |
|Norway |June 24, 1966 |Aug. 16, 1967 |Sep. 15, 1967 |
|Oman |May 5, 1995 |July 24, 1995 |Aug. 23, 1995 |
|Pakistan |July 6, 1965 |Sep. 15, 1966 |Oct. 15, 1966 |
|Panama |Nov. 22, 1995 |Apr. 8, 1996 |May 8, 1996 |
|Papua New Guinea |Oct. 20, 1978 |Oct. 20, 1978 |Nov. 19, 1978 |
|Paraguay |July 27, 1981 |Jan. 7, 1983 |Feb. 6, 1983 |
|Peru |Sep. 4, 1991 |Aug. 9, 1993 |Sep. 8, 1993 |
|Philippines |Sep. 26, 1978 |Nov. 17, 1978 |Dec. 17, 1978 |
|Portugal |Aug. 4, 1983 |July 2, 1984 |Aug. 1, 1984 |
|Romania |Sep. 6, 1974 |Sep. 12, 1975 |Oct. 12, 1975 |
|Russian Federation |June 16, 1992 | | |
|Rwanda |Apr. 21, 1978 |Oct. 15, 1979 |Nov. 14, 1979 |
|Saint Vincent and the Grenadines |Aug. 7, 2001 |Dec. 16, 2002 |Jan. 15, 2003 |
|Samoa |Feb. 3, 1978 |Apr. 25, 1978 |May 25, 1978 |
|Sao Tome and Principe |Oct. 1, 1999 | | |
|Saudi Arabia |Sep. 28, 1979 |May 8, 1980 |June 7, 1980 |
|Senegal |Sep. 26, 1966 |Apr. 21, 1967 |May 21, 1967 |
|Serbia and Montenegro |July 31, 2002 | | |
|Seychelles |Feb. 16, 1978 |Mar. 20, 1978 |Apr. 19, 1978 |
|Sierra Leone |Sep. 27, 1965 |Aug. 2, 1966 |Oct. 14, 1966 |
|Singapore |Feb. 2, 1968 |Oct. 14, 1968 |Nov. 13, 1968 |
|Slovak Republic |Sep. 27, 1993 |May 27, 1994 |June 26, 1994 |
|Slovenia |Mar. 7, 1994 |Mar. 7, 1994 |Apr. 6, 1994 |
|Solomon Islands |Nov. 12, 1979 |Sep. 8, 1981 |Oct. 8, 1981 |
|Somalia |Sep. 27, 1965 |Feb. 29, 1968 |Mar. 30, 1968 |
|Spain |Mar. 21, 1994 |Aug. 18, 1994 |Sept. 17, 1994 |
|Sri Lanka |Aug. 30, 1967 |Oct. 12, 1967 |Nov. 11, 1967 |
|St. Kitts & Nevis |Oct. 14, 1994 |Aug. 4, 1995 |Sep. 3, 1995 |
|St. Lucia |June 4, 1984 |June 4, 1984 |July 4, 1984 |
|Sudan |Mar. 15, 1967 |Apr. 9, 1973 |May 9, 1973 |
|Swaziland |Nov. 3, 1970 |June 14, 1971 |July 14, 1971 |
|Sweden |Sep. 25, 1965 |Dec. 29, 1966 |Jan. 28, 1967 |
|Switzerland |Sep. 22, 1967 |May 15, 1968 |June 14, 1968 |
|Tanzania |Jan. 10, 1992 |May 18, 1992 |June 17, 1992 |
|Thailand |Dec. 6, 1985 | | |
|Timor-Leste |July 23, 2002 |July 23, 2002 |Aug. 22, 2002 |
|Togo |Jan. 24, 1966 |Aug. 11, 1967 |Sep. 10, 1967 |
|Tonga |May 1, 1989 |Mar. 21, 1990 |Apr. 20, 1990 |
|Trinidad and Tobago |Oct. 5, 1966 |Jan. 3, 1967 |Feb. 2, 1967 |
|Tunisia |May 5, 1965 |June 22, 1966 |Oct. 14, 1966 |
|Turkey |June 24, 1987 |Mar. 3, 1989 |Apr. 2, 1989 |
|Turkmenistan |Sep. 26, 1992 |Sep. 26, 1992 |Oct. 26, 1992 |
|Uganda |June 7, 1966 |June 7, 1966 |Oct. 14, 1966 |
|Ukraine |Apr. 3, 1998 |June 7, 2000 |July 7, 2000 |
|United Arab Emirates |Dec. 23, 1981 |Dec. 23, 1981 |Jan. 22, 1982 |
|United Kingdom of Great Britain and |May 26, 1965 |Dec. 19, 1966 |Jan. 18, 1967 |
|Northern Ireland | | | |
|United States of America |Aug. 27, 1965 |June 10, 1966 |Oct. 14, 1966 |
|Uruguay |May 28, 1992 |Aug. 9, 2000 |Sep. 8, 2000 |
|Uzbekistan |Mar. 17, 1994 |July 26, 1995 |Aug. 25, 1995 |
|Venezuela |Aug. 18, 1993 |May 2, 1995 |June 1, 1995 |
|Yemen, Republic of |Oct. 28, 1997 | | |
|Zambia |June 17, 1970 |June 17, 1970 |July 17, 1970 |
|Zimbabwe |Mar. 25, 1991 |May 20, 1994 |June 19, 1994 |
International Conventions Governing Private Commercial Arbitration:
Status of Signatures and Ratifications by States Negotiating the FTAA
Panama New York Montevideo ICSID
|Antigua&Barbuda | |A, D | | |
|Argentina |S, RA |S+D, RA, D |S, RA |S, RA |
|Bahamas | | | |S, RA |
|Barbados | |A, D | |S, RA |
|Belize | |D | |S |
|Bolivia |S, RA |A |S, RA |S, RA |
|Brazil |S, RA |A |S +RS, RA | |
|Canada | |A, D | | |
|Chile |S, RA |A |S |S, RA |
|Colombia |S, RA |A |S, RA |S, RA |
|Costa Rica |S, RA |S, RA |S |S, RA |
|Dominica | |A | | |
|Dominican Rep. |S |A |S |S |
|Ecuador |S, RA |S, RA, D |S, RA |S, RA |
|El Salvador |S. RA |S, RA |S |S, RA |
|Grenada | | | |S, RA |
|Guatemala |S, RA |A, D |S |S, RA |
|Guyana | | | |S, RA |
|Haiti | |A |S |S |
|Honduras |S, RA |A |S |S, RA |
|Jamaica | |A | |S, RA |
|Mexico |S, RA |A |S, RA, D, RS | |
|Nicaragua |S, RA |A | |S, RA |
|Panama |S, RA |A |S |S, RA |
|Paraguay |S. RA |A |S, RA |S, RA |
|Peru |S, RA |A |S, RA |S, RA |
|St. Kitts & Nevis | | | |S, RA |
|St. Lucia | | | |S, RA |
|St.Vincent&Gren. | |A, D | |S, RA |
|Suriname | | | | |
|Trinidad&Tobago | |A, D | |S, RA |
|USA |S, RA, RS |A, D | |S, RA |
|Uruguay |S, RA |A |S+D, RA, D |S, RA |
|Venezuela |S, RA |A, D |S, RA |S, RA |
S=signature
RA=ratification
A=accession
D=declaration
RS=reservation
Table prepared by the OAS Trade Unit based on material available to it.
-----------------------
[1] Work Programme for the FTAA Negotiating Groups, FTAA.TNC/01, §C.9. Dispute Settlement, para. 4 (19 June 1998).
[2] First Meeting of the Negotiating Group on Dispute Settlement (NGDS) 29–30 September 1998: Report of the Chair, FTAA.ngds/rep/01/Rev. 1, para. 6 (5 October 1998). Terms of Reference for Preparation of the Document on Item 4 of the Mandate…., FTAA.ngds/w/03/Rev. 1 (30 September, 1998)
-----------------------
Original: English- Spanish
Translation: non FTAA Secretariat
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