ACTS OF GHANA

ARBITRATION ACT, 1961 (ACT 38)

ARRANGEMENT OF SECTIONS

Section

PART I—ARBITRATION AND AWARD

1. Arbitration.

2. Arbitrator.

3. Umpire.

4. Award.

5. Arbitration Agreement.

PART II—DOMESTIC AWARDS

Operation of Arbitration Agreement

6. Authority of Arbitrators and Umpires to be Irrevocable.

7. Death of Party.

8. Staying Court Proceedings Where There is Reference to Arbitration.

9. Reference of Interpleader Issues to Arbitration.

Arbitrators and Umpires

10. When Reference is to a Single Arbitrator.

11. Power of Parties to Supply Vacancy.

12. Appointment of Umpires.

13. Agreements for Reference to Three Arbitrators.

14. Power of Court to Appoint an Arbitrator or Umpire.

Conduct of Proceedings

15. Evidence.

16. Powers of Court.

Provisions as to Awards

17. Time for Making Award.

18. Interim Awards.

19. Specific Performance, Injunction and Rectification.

20. Awards to be Final.

21. Power to Correct Slips.

Costs and Fees

22. Costs.

23. Arbitrator's Or Umpire's Fees.

Case Stated, Remission and Other Relief

24. Statement of Case.

25. Power to Remit Award.

26. Removal or Arbitrator and Setting Aside of Award.

27. Power of Court to Give Relief Where Arbitrator is not Impartial or the Dispute Involves Questions of Fraud

28. Power of Court where Arbitrator is Removed or Authority of Arbitrator is Revoked.

29. Enforcement of Award.

30. Power of Court to Extend Time for Commencing Arbitration Proceedings.

31. Terms as to Costs, etc.

Awards by Consent

32. Awards by Consent.

Application and Extent

33. Application of Part II to Statutory Arbitrations.

34. Operation of Part II.

35. Extent of Part II.

PART III—FOREIGN AWARDS

36. Awards to Which Part III Applies.

37. Effect of Foreign Awards.

38. Evidence.

39. Defences to Foreign Awards.

40. Staying Court Proceedings.

41. Saving for Other Rights.

PART IV—MISCELLANEOUS PROVISIONS

42. Court

43. Repeals.

44. Construction of Instruments.

45. Commencement.

SCHEDULE

Schedule

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted at the Headquarters of the United Nations in New York on June 10, 1958.

THE THIRTY-EIGHTH

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE ARBITRATION ACT, 1961

AN ACT to regulate the settlement of differences by arbitration and to provide for the enforcement of awards.

DATE OF ASSENT: 16th March, 1961

BE IT ENACTED by the President and the National Assembly in this present Parliament assembled as follows:—

PART I—ARBITRATION AND AWARD

Section 1—Arbitration.

An arbitration is the reference of a difference between two or more parties to a person other than a court for determination after hearing the parties in a judicial manner.

Section 2—Arbitrator.

A person to whom a reference to arbitration is made is called an arbitrator.

Section 3—Umpire.

Where a reference is to two arbitrators and it is provided that, in the event of disagreement between them, the difference is to be referred for decision to a third person, that person is called the umpire.

Section 4—Award.

The decision of the arbitrator or umpire is called the award.

Section 5—Arbitration Agreement.

(1) An arbitration agreement is a contract in writing to refer present or future differences to arbitration, whether an arbitrator is named in the contract or not.

(2) An arbitration agreement may relate to any issue arising between the parties to it which is capable of being the subject of a civil action but an arbitrator is not entitled to make an award in the nature of a judgment in rem, that is, a decision affecting the status of a person or thing or determining any interest in property except as between the parties themselves.

PART II—DOMESTIC AWARDS

Operation of Arbitration Agreement

Section 6—Authority of Arbitrators and Umpires to be Irrevocable.

The authority of an arbitrator or umpire appointed by or by virtue of an arbitration agreement is irrevocable except by leave of the Court, unless a contrary intention is expressed in the agreement.

Section 7—Death of Party.

(1) An arbitration agreement is not discharged by the death of any party thereto, either as respects the deceased or any other party, but is in such an event enforceable by or against the legal representatives of the deceased.

(2) The authority of an arbitrator is not revoked by the death of any party by whom he was appointed.

(3) This section is subject to any enactment or rule of law by virtue of which a particular right of action is extinguished by the death of a person.

Section 8—Staying Court Proceedings where there is Reference to Arbitration.

If any party to an arbitration agreement, or any person claiming through him, commences any legal proceedings in any court against any other party to the agreement, or any person claiming through him, in respect of any matter agreed to be referred, any party to those legal proceedings may apply to that court to stay the proceedings, and that court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the agreement, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

Section 9—Reference of Interpleader Issues to Arbitration.

Where relief by way of interpleader is granted and it appears to the Court that the claims in question are matters to which an arbitration agreement, to which the claimants are parties, applies, the Court may direct the issue between the claimants to be determined in accordance with the agreement.

Arbitrators and Umpires

Section 10—When Reference is to a Single Arbitrator.

Every arbitration agreement shall, if no other mode of reference is provided, be deemed to include a provision that the reference shall be to a single arbitrator, unless a contrary intention is expressed in the agreement.

Section 11—Power of Parties to Supply Vacancy.

(1) Where an arbitration agreement provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless a contrary intention is expressed therein—

(a) if either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, the party who appointed him may appoint a new arbitrator in his place;

(b) if, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent.

(2) The Court may set aside any appointment made in pursuance of this section.

Section 12—Appointment of Umpires.

(1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where the reference is to two arbitrators, be deemed to include a provision that the two arbitrators shall appoint an umpire immediately after they are themselves appointed.

(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to include a provision that if the arbitrators have delivered to any party to the arbitration agreement, or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.

(3) At any time after the appointment of an umpire, however appointed, the Court may, on the application of any party to the reference and notwithstanding anything to the contrary in the arbitration agreement, order that the umpire shall enter upon the reference in lieu of the arbitrators and as if he were a sole arbitrator.

Section 13—Agreements for Reference to Three Arbitrators.

Where an arbitration agreement provides that the reference shall be to three arbitrators, however appointed, the award of any two of the arbitrators shall be binding.

Section 14—Power of Court to Appoint an Arbitrator or Umpire.

In any of the following cases:—

(a) where an arbitration agreement provides that the reference shall be to a single arbitrator to be appointed by agreement between the parties, and the parties do not, after differences have arisen, agree on the appointment of an arbitrator;

(b) where an arbitration agreement provides that an arbitrator or an umpire is to be appointed by some person other than the parties to the agreement, and in the case of an umpire, other than the arbitrators, and that person does not or cannot appoint the arbitrator or the umpire;

(c) if an appointed arbitrator refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied and the parties do not supply the vacancy;

(d) where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator and do not appoint him, or where two arbitrators are required to appoint an umpire and do not appoint him;

(e) where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, and the arbitration agreement does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy;

any party may serve the other parties, or the arbitrators, as the case may be, with a written notice to appoint or, as the case may be, concur in appointing, an arbitrator, umpire or third arbitrator, and if the appointment is not made within seven clear days after the service of the notice, the Court may, on application by the party who gave the notice, appoint an arbitrator, umpire or third arbitrator who shall have the like powers to act in the reference and make an award as if he had been appointed in the manner provided in the agreement.

Conduct and Proceedings

Section 15—Evidence.

(1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the parties to the reference, and all persons claiming through them, shall, subject to any legal objection, submit to be examined by the arbitrator or umpire, on oath, in relation to the matter in dispute, and shall, subject as aforesaid, produce before the arbitrator or umpire all documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference, the arbitrator or umpire may require.

(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the witnesses on the reference shall, if the arbitrator or umpire thinks fit, be examined on oath.

Section 16—Powers of Court.

(1) The Court, may on the application of any party to an arbitration, order the attendance before any arbitrator or umpire, of a witness wherever he may be within Ghana; or that a prisoner be brought for examination before any arbitrator or umpire; but no person shall be compelled to produce any document which he could not be compelled to produce on the trial of an action in the High Court.

(2) The Court shall have for the purpose of and in relation to a reference, the same power as it has in relation to an action to make orders in respect of—

(a) security for costs;

(b) discovery of documents and interrogatories;

(c) the giving of evidence by affidavit;

(d) examination on oath of any witness before an officer of the Court or any other person, and the issue of a Commission or request for the examination of a witness out of the jurisdiction;

(e) the preservation, interim custody or sale of any goods which are the subject matter of the reference;

(f) securing the amount in dispute in the reference;

(g) the detention, preservation or inspection of any property or thing which is the subject of the reference or as to which any question may arise therein, and authorising for any of those purposes any persons to enter upon or into any land or building in the possession of any party to the reference, or authorising any samples to be taken or any observation to be made or experiment to be tried which may be necessary or expedient for the purpose of obtaining full information or evidence; and

(h) interim injunctions or the appointment of a receiver.

(3) This section is without prejudice to any power which may be vested in an arbitrator or umpire to make orders with respect to any matter.

Provisions as to Awards

Section 17—Time for Making Award.

(1) The time, if any, limited for making an award, whether under this Act or otherwise, may be enlarged by order of the Court whether that time has expired or not.

(2) Subject to subsection (1) and to the arbitration agreement, an arbitrator or umpire may make an award at any time.

(3) The Court may, on the application of any party to a reference, remove an arbitrator or umpire who fails to use all reasonable dispatch in entering on and proceeding with the reference and making an award, and an arbitrator or umpire who is removed by the Court under this subsection shall not be entitled to receive any remuneration in respect of his services. For the purposes of this subsection the expression "proceeding with a reference" includes in a case where two arbitrators are unable to agree, giving notice of that fact to the parties and to the umpire.

Section 18—Interim Awards.

Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire may, if he thinks fit, make an interim award, and any reference in this Part to an award includes a reference to an interim award.

Section 19—Specific Performance, Injunction and Rectification.

Unless a contrary intention is expressed therein every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the arbitrator or umpire shall have the same power as the Court to order specific performance of any contract, other than a contract relating to land, or to grant an injunction or to rectify a written contract.

Section 20—Awards to be Final.

Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the award to be made by the arbitrator or umpire shall be final and binding on the parties and the persons claiming through them.

Section 21—Power to Correct Slips.

The arbitrator or umpire may correct in an award any clerical mistake or error arising from any accidental slips or omission, unless a contrary intention is expressed in the arbitration agreement.

Costs and Fees

Section 22—Costs.

(1) Unless a contrary intention is expressed therein, every arbitration agreement shall be deemed to include a provision that the costs of the reference and award shall be in the discretion of the arbitrator or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid and may tax or settle the amount of costs to be paid or any part thereof, or may direct that any costs directed to be paid shall be taxable by a taxing officer of the Court.

(2) Any provision in an arbitration agreement to the effect that the parties or any parties thereto shall in any event pay their or his own costs of the reference or award or any part thereof is  void, unless the provision is part of an agreement to submit to arbitration a dispute which arose before the making of that agreement.

(3) If no provision is made by an award with respect to the costs of the reference, any party to the reference may, within one month of the publication of the award or such further time as the Court may direct, apply to the arbitrator for an order directing by and to whom those costs shall be paid, and thereupon, the arbitrator shall, after hearing any party who may desire to be heard, amend his award by adding thereto such directions as he may think proper with respect to the payment of the costs of the reference.

Section 23—Arbitrator's or Umpire's Fees.

(1) If in any case an arbitrator or umpire refuses to deliver his award except on payment of the fees demanded by him, the Court may, on an application for the purpose, order that the arbitrator or umpire shall deliver the award to the applicant on payment by the applicant to the arbitrator or umpire of such fee as the Court thinks reasonable.

(2) An application for the purposes of this section may be made by any party to a reference unless the fees demanded have been fixed by a written agreement between him and the arbitrator or umpire.

(3) The arbitrator or umpire shall be entitled to appear and be heard on any application under this section.

Case Stated, Remission and other Relief

Section 24—Statement of Case.

(1) An arbitrator or umpire may, and shall if so directed by the Court state—

(a) any question of law arising in the course of the reference; or

(b) an award or any part of an award in the form of a special case for the decision of the Court.

(2) A special case with respect to an interim award or with respect to a question of law arising in the course of a reference may be stated, or may be directed by the Court to be stated, notwithstanding that proceedings under the reference are still pending.

(3) A decision of the Court under this section shall be deemed to be a decision of the Court sitting in its original jurisdiction within the meaning of any enactment relating to appeals from its decisions.

Section 25—Power to Remit Award.

(1) In all cases of reference to arbitration the Court may remit the matters referred, or any of them, to the reconsideration of the arbitrator or umpire.

(2) Where an award is remitted, the arbitrator or umpire shall, unless the order otherwise directs, make his award within three months after the date of the order.

Section 26—Removal of Arbitrator and Setting Aside of Award.

(1) Where an arbitrator or umpire has misconducted himself or the proceedings, the Court may remove him, or set aside an award, or both.

(2) Where an award has been improperly procured the Court may set it aside.

(3) Where an application is made to set aside an award, the Court may order that any money made payable by the award shall be brought into Court or otherwise secured pending the determination of the application.

Section 27—Power of Court to give Relief where Arbitrator is not Impartial or the Dispute Involves Questions of Fraud.

(1) Where an agreement between any parties provides that differences which may arise in the future between them shall be referred to an arbitrator named or designated in the agreement, and after a difference has arisen any party applies, on the ground that the arbitrator so named or designated is not or may not be impartial, for leave to revoke the authority of the arbitrator or for an injunction to restrain any other party or the arbitrator from proceeding with the arbitration, it shall not be a ground for refusing the application that the said party at the time when he made the agreement knew, or ought to have known, that the arbitrator, by reason of his relation towards any other party to the agreement, or of his connection with the subject referred, might not be capable of impartiality.

(2) Where an agreement between any parties provides that differences which may arise in the future between them shall be referred to arbitration, and a difference which so arises involves the question whether any such party has been guilty of fraud, the Court shall, so far as may be necessary to enable that question to be determined by the Court, have power to order that the agreement shall cease to have effect and power to give leave to revoke the authority of any arbitrator or umpire appointed by or by virtue of the agreement.

(3) In any case where by virtue of this section the Court has power to order that an arbitration agreement shall cease to have effect or to give leave to revoke the authority of an arbitrator or umpire, the Court may refuse to stay any action brought in breach of the agreement.

Section 28—Power of Court where Arbitrator is Removed or Authority of Arbitrator is  Revoked.

(1) Where an arbitrator (not being a sole arbitrator) or two or more arbitrators (not being all the arbitrators) or an umpire who has not entered on the reference, is or are removed by the Court, the Court may, on the application of any party to the arbitration agreement, appoint a person or persons to act as arbitrator or arbitrators or umpire in place of the person or persons so removed.

(2) Where the authority of an arbitrator or arbitrators or umpire is revoked by leave of the Court, or a sole arbitrator or all the arbitrators or an umpire who has entered on the reference is or are removed by the Court, the Court may, on the application of any party to the arbitration agreement, either—

(a) appoint a person to act as sole arbitrator in place of the person or persons removed; or

(b) order that the arbitration agreement shall cease to have effect with respect to the difference referred.

(3) A person appointed under this section by the Court as an arbitrator or umpire shall have the like power to act in the reference and to make an award as if he had been appointed in accordance with the terms of the arbitration agreement.

(4) Where it is provided (whether in the arbitration agreement or otherwise) that an award under an arbitration agreement shall be a condition precedent to the bringing of an action with respect to any matter to which the agreement applies, the Court, if it orders that the agreement shall cease to have effect as regards any particular difference may further order that the provision making an award a condition precedent to the bringing of an action shall also cease to have effect as regards that difference.

Section 29—Enforcement of Award.

An award on an arbitration agreement may, by leave of the Court, be enforced in the same manner as a judgment or order to the same effect and, where leave is so given, judgment may be entered in terms of the award.

Section 30—Power of Court to Extend Time for Commencing Arbitration Proceedings.

Where the terms of an agreement to refer future differences to arbitration provide that any claims to which the agreement applies shall be barred unless notice to appoint an arbitrator is given or an arbitrator is appointed or some other step to commence arbitration proceedings is taken within a time fixed by the agreement, and a difference arises to which the agreement applies, the Court, if it is of opinion that in the circumstances of the case undue hardship would otherwise be caused, and notwithstanding that the time so fixed has expired, may extend the time for such period as it thinks proper, but without prejudice to the law relating to the limitation of actions.

Section 31—Terms as to Costs, etc.

Any order made under this Part may be made on such terms as to costs or otherwise as the authority making the order thinks just.

Awards by Consent

Section 32—Awards by Consent.

(1) At any time after the commencement of an arbitration and before an award is made, an award by consent may be made for money due, or to become due on a specified date.

(2) An award by consent shall be enforceable in accordance with section 29 of this Act if the provisions of this section are complied with.

(3) A written statement must be made and signed by each party to the arbitration stating:—

(a) the amount for which an award may be made;

(b) whether the money is due and if not the date on which it will become due; and

(c) briefly the facts on which the liability is based, which must show that the money is legally due or will become due on the date specified.

(4) At any time within three months after a written statement made under subsection (3) of this section has been signed by the parties, it may be submitted to the arbitrator who may thereupon make an award of the money stated therein to be due or to become due.

(5) Where the arbitrator has not been appointed and the arbitration agreement provides that the arbitrator is to be appointed by some person other than the parties to the agreement a written statement made under subsection (3) of this section may be submitted to the person who is given the power to appoint the arbitrator by the agreement and that person shall thereupon have the same power to make an award by consent as an arbitrator.

(6) Where a difference has been submitted to two arbitrators who are unable to agree upon an award and the difference is thereupon to be submitted to an umpire an award by consent may be made by the umpire if he has been appointed, or by the arbitrators in any other case.

Application and Extent

Section 33—Application of Part II to Statutory Arbitrations.

Subject to section 34 of this Act, this Part shall apply to every arbitration under any other enactment (whether made before or after this Act) as if the arbitration were pursuant to an arbitration agreement and as if that enactment were an arbitration agreement, except insofar as this Act is inconsistent with that other Act or with any rules or procedure authorised or recognised thereby.

Section 34—Operation of Part II.

(1) This Part applies to an arbitration commenced after the commencement of this Act under an agreement made before such commencement but does not apply to an arbitration commenced before the commencement of this Act.

(2) For the purposes of this Part an arbitration shall be deemed to be commenced when one party to the arbitration agreement serves on the other party or parties a notice requiring him or them to appoint or concur in appointing an arbitrator, or, when the arbitration agreement provides that the reference shall be to a person named or designated in the agreement, requiring him or them to submit the dispute to the person so named or designated.

Section 35—Extent of Part II.

This Part applies to any arbitration agreement governed by the law of the Republic and to any award made in the Republic in pursuance of such an agreement, but this shall be without prejudice to the power of any arbitrator or umpire to determine whether an arbitration agreement is governed by the law of the Republic or not.

PART III—FOREIGN AWARDS

Section 36—Awards to Which Part III Applies.

(1) This Part applies to any award made after the commencement of this Act in any reciprocating State, and to any award made in the Republic in pursuance of an arbitration agreement not governed by the law of the Republic, and an award to which this Part applies is in this Part referred to as "a foreign award".

(2) In this section "reciprocating State" means a State declared by the President by legislative instrument to be a party to the Convention set out in the Schedule to this Act or any other State to which this Part is, by legislative instrument, applied by the President on the basis of reciprocity.

Section 37—Effect of Foreign Awards.

(1) A foreign award shall, subject to this Part, be enforceable either by action or in the same manner as the award of an arbitrator is enforceable by virtue of section 29 of this Act.

(2) Any foreign award which would be enforceable under this Part shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set off or otherwise in any legal proceedings, and any references in this Part to enforcing a foreign award shall be construed as including references to relying on an award.

Section 38—Evidence.

(1) The party seeking to enforce a foreign award must produce—

(a) the original award or a copy thereof duly authenticated in the manner required by the law of the country in which it was made; and

(b) the agreement pursuant to which the award was made or a copy thereof duly authenticated in the manner required by the law of the country in which it was made or in such other manner as may be sufficient according to the law of Ghana.

(2) In any case where any document required to be produced under subsection (1) of this section is not in the English language, it shall be the duty of the party seeking to enforce the award to produce a translation in the English language certified as correct by a diplomatic or consular agent of the country to which that party belongs or certified as correct in such other manner as may be sufficient according to the law of Ghana.

Section 39—Defences to Foreign Awards.

The Court may refuse to enforce a foreign award in the circumstances and subject to the conditions specified in Articles V and VI of the Convention set out in the Schedule.

Section 40—Staying Court Proceedings.

If any party to an agreement to which the Convention set out in the Schedule to this Act applies, or any person claiming through him, commences any legal proceedings in any court against any other party to the agreement, or any person claiming through him, in respect of any matter agreed to be referred, any party to those legal proceedings may at any time after service of the writ of summons and before the date fixed for hearing, apply to that court to stay the proceedings, and that court unless satisfied that the agreement is null and void, inoperative or incapable of being performed, shall make an order staying the proceedings.

Section 41—Saving for Other Rights.

Nothing in this Part shall prejudice any rights which any person would have had of enforcing any award or of availing himself of any award if neither this Part nor the Arbitration (Foreign Awards) Ordinance (Cap. 17) had been enacted.

PART IV—MISCELLANEOUS PROVISIONS

Section 42—Court.

In this Act, except sections 8 and 40, "the Court" means the High Court.

Section 43—Repeals.

The Arbitration Ordinance (Cap. 16) and the Arbitration (Foreign Awards) Ordinance (Cap. 17) are repealed.

Section 44—Construction of Instruments.

An agreement or any other instrument which refers to an enactment hereby repealed shall, in regard to matters arising after the passing of this Act, be construed, unless provision is made to the contrary, as if the reference were to this Act.

Section 45—Commencement.

This Act shall come into operation on such day as the President by legislative instrument may order.

SCHEDULE

Sections 39 and 40.

The United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted at the Headquarters of the United Nations in New York on June 10, 1958.

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 recognise 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 contractual 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 recognise 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 recognised 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;

(b) The recognition or enforcement of the award would be contrary to the public policy of that country.

Article VI

If 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 specialised 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 affected 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

1. 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 favourable 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 extent 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) Signature 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.