CỦA CHỦ TỊCH NƯỚC SỐ 453/QĐ-CTN
NGÀY 28 THÁNG 7 NĂM 1995
NƯỚCCỘNG HOÀ Xà HỘI CHỦ NGHĨA VIỆT NAM
Căn cứ vào Điều 103 và Điều 106 của Hiến pháp nước Cộng hoà Xãhội chủ nghĩa Việt Nam năm 1992;
Căn cứ vào Pháp lệnh về ký kết và thực hiện Điều ước quốc tế củanước Cộng hoà Xã hội chủ nghĩa Việt Nam ngày 17 tháng 10 năm 1989;
Theo đề nghị của Chính phủ tại Tờ trình số 4250/PC ngày 02 tháng8 năm 1994;
Điều 1. - Tham gia Công ước về côngnhận và thi hành quyết định của trọng tài nước ngoài của Liên hợp quốc đã đượcthông qua tại Niu-oóc ngày 10 tháng 6 năm 1958.
Điều 2. - Công ước chỉ áp dụng đốivới việc công nhận và cho thi hành tại Việt Nam quyết định của trọng tài nướcngoài được tuyên tại lãnh thổ quốc gia là thành viên của Công ước này. Đối vớiquyết định của trọng tài nước ngoài được tuyên tại lãnh thổ của quốc gia chưaký kết hoặc tham gia Công ước, Công ước được áp dụng tại Việt Nam theo nguyêntắc có đi có lại.
Sẽ chỉ áp dụngCông ước đối với tranh chấp phát sinh từ các quan hệ pháp luật thương mại.
Mọi việc giảithích Công ước trước Toà án hoặc cơ quan có thẩm quyền của Việt Nam phải theoquy định của Hiến pháp và pháp luật Việt Nam.
Điều 3. - Bộ trưởng Bộ Ngoại giao cótrách nhiệm làm thủ tục đối ngoại về việc tham gia Công ước này theo quy địnhtại Điều 1 và Điều 2, và thông báo cho các cơ quan hữu quan ngày bắt đầu cóhiệu lực của Công ước.
Điều 4. - Thủ tướng Chính phủ, Chủnhiệm Văn phòng Chủ tịch nước chịu trách nhiệm thi hành Quyết định này.
THE NEW YORK CONVENTION
ON THE RECOGNITION AND ENFORCEMENT OFFOREIGN
ARBITRAL AWARDS (JUNE 10, 1958)
ThisConvention shall apply to the recognition and enforcement of arbitral awardsmade in the territory of a State other than the State where the recognition andenforcement of such awards are sought, and arising out of differences betweenpersons. Whether physical or legal. It shall also apply to arbitral awards notconsidered as domestic awards in the State where their recognition andenforcement are sought.
2. The term"arbitral awards" shall include not only awards made by arbitratorsappointed for each case but also those made by permanent arbitral bodies towhich the parties have submitted.
3. Whensigning, ratifying or acceding to this Convention, or notifying extension underarticle X hereof, any State may on the basis of reciprocity declare that itwill apply the Convention to the recognition and enforcement of awards madeonly in the territory of another Contracting State. It may also declare that itwill apply the Convention only to differences arising out of legalrelationships, whether contractual or not, which are considered as commercialunder the national law of the State making such declaration.
1. EachContracting State shall recognise an agreement in writing under which theparties undertake to submit to arbitration all or any differences which havearisen of which may arise between them in respect of a defined legalrelationship, whether contractual or not, concerning a subject-matter capableof settlement by arbitration.
2. The term"agreement in writing" shall include an arbitral clause in a contractor an arbitration agreement, signed by the parties or contained in an exchangeof letters or telegrams.
3. The courtof a Contracting State, when seized of an action in a matter in respect ofwhich the parties have made an agreement within the meaning of this articleshall, 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 orincapable of being performed.
EachContracting State shall recognise arbitral awards as binding and enforce themin accordance with the rules of procedure of the territory where the award isrelied upon, under the conditions laid down in the following articles. Thereshall not be imposed substantially more onerous conditions or higher fees orcharges on the recognition or enforcement of arbitral awards to which thisConvention applies than are imposed on the recognition or enforcement ofdomestic arbitral awards.
1. To obtainthe recognition and enforcement mentioned in the preceding article, the partyapplying for recognition and enforcement shall, at the time of the application,supply:
(a) The dulyauthenticated original award of a duly certified copy thereof;
(b) Theoriginal agreement referred to in article II or a duly certified copy thereof.
2. It the saidaward or agreement is not made in an official language of the country in whichthe award is relied upon, the party applying for recognition and enforcement ofthe award shall produce a translation of these documents into such language.The translation shall be certified by an official or sworn translator or by adiplomatic or consular agent.
1. Recognitionand enforcement of the award may be refused, at the request of the partyagainst whom it is invoked, only if that party furnishes to the competentauthority where the recognition and enforcement is sought, proof that:
(a) Theparties to the agreement referred to in article II were, under the lawapplicable to them, under some incapacity, or the said agreement is not validunder the law to which the parties have subjected it or, failing any indicationthereon, under the law of the country where the award was made; or
(b) The partyagainst whom the award is invoked was not given roper notice of the appointmentof the arbitrator or of the arbitration proceedings or was otherwise unable topresent his case; or
(c) The awarddeals with a difference not contemplated by or not falling within the terms ofthe submission to arbitration, or it contains decisions on matters beyond thescope of the submission to arbitration, provided that, if the decisions onmatters submitted to arbitration can be separated from those not so submitted,that part of the award which contains decisions on matters submitted toarbitration may be recognised and enforced; of
(d) Thecomposition of the arbitral authority or the arbitral procedure was not inaccordance with the agreement of the parties, or, failing such agreement, wasnot in accordance with the law of the country where the arbitration took place;or
(e) The awardhas not yet become binding on the parties, or has been set aside or suspendedby a competent authority of the country in which, or under the law of which,hat award was made.
2. Recognitionand enforcement of an arbitral award may also be refused if the competentauthority in the country where recognition and enforcement is sought findsthat:
(a) Thesubject-matter of the difference is not capable of settlement by arbitrationunder the law of that country; or
(b) Therecognition or enforcement of the award would be contrary to the public policyof that country.
If anapplication for the setting aside or suspension of the award has been made tocompetent authority referred to in article V(1) (c), the authority before whichthe award is sought to be relied upon may, if it considers it proper, adjournthe decision on the enforcement of the award and may also, on the applicationof the party claiming enforcement of the award, order the other party to givesuitable security.
1. Theprovisions of the present Convention shall not affect the validity ofmultilateral or bilateral agreements concerning the recognition and enforcementof arbitral awards entered into by the Contracting States nor deprive anyinterested party of any right he may have to avail himself of an arbitral awardin the manner and to the extem allowed by the law or the treaties of thecountry where such award is sought to be relied upon.
2. The GenevaProtocol on Arbitration Clauses of 1923 and the Geneva Convention on theExecution of Foreign Arbitral Awards of 1927 shall cease to have effect betweenContracting States on their becoming bound and to the extent that they becomebound, by this Convention.
1. ThisConvention shall be open until December 31, 1958 for signature on behalf of anyMember of the United Nations and also on behalf of any other State which is orhereafter becomes a member of any specialised agency of the United Nations, orwhich is or hereafter becomes a party to the Statute of the International Courtof Justice, or any other State to which an invitation has been addressed by theGeneral Assembly of the United Nations.
2. ThisConvention shall be ratified and the instrument of ratification shall bedeposited with the Secretary-General of the United Nations.
1. TheConvention shall be open for accession to all States referred to in articleVIII.
2. Accessionshall be effected by the deposit of an instrument of accession with theSecretary-General of the United Nations.
1. Any Statemay, at the time of signature, ratification or accession, declare that thisConvention shall extend to all or any of the territories for the internationalrelations of which it is responsible. Such a declaration shall take effect whenthe Convention enters into force for the State concerned.
2. At any timethereafter any such extension shall be made by notification addressed to theSecretary - General of the United Nations and shall take effect as from theninetieth day after the day of receipt by the Secretary-General of the UnitedNations of this notification, or as from the date of entry into force of theConvention for the State concerned, whichever is the later.
3. Withrespect to those territories to which this Convention is not extended at thetime of signature, ratification or accession, each State concerned shallconsider the possibility of taking the necessary steps in order to extend theapplication of this Convention to such territories, subject, where necessaryfor constitutional reasons, to the consent of the Governments of suchterritories.
In the case ofa federal or non-unitary State, the following provisions shall apply:
(a) Withrespect to those articles of this Convention that come within the legislativejurisdiction of the federal authority, the obligations of the federalGovernment shall to this extent be the same as those of Contracting Stateswhich are not federal States;
(b) Withrespect to those articles of this Convention that come within the legislativejurisdiction of constituent states or provinces which are not, under theconstitutional system of the federation, bound to take legislative action, thefederal Government shall bring such articles with a favorable recommendation tothe notice of the appropriate authorities of constituent states or provinces atthe earliest possible moment.
(c) A federalState Party to this Convention shall, at the request of any other ContractingState transmitted through the Secretary-General of the United Nations, supply astatement of the law and practice of the federation and its constituent unitsin regard to any particular provision of this Convention, showing the extent towhich effect has been given to that provision by legislative or other action.
1. ThisConvention shall come into force on the ninetieth day following the date ofdeposit of the third instrument of ratification or accession.
2. For eachState ratifying or acceding to this Convention after the deposit of the thirdinstrument of ratification or accession, this Convention shall enter into forceon the ninetieth day after deposit of such State of its instrument ofratification or accession.
1. AnyContracting State may denounce this Convention by a written notification to theSecretary-General of the United Nations. Denunelauon snan take effect one yearafter the date of receipt of the notification by the Secretary-General.
2. Any Statewhich has made a declaration or notification under article X may, at any timethereafter, by notification to the Secretary-General of the United Nations,declare that this Convention shall cease to extend to the territory concernedone year after the date of the receipt of the notification by theSecretary-General.
3. ThisConvention shall continue to be applicable to arbitral awards in respect ofwhich recognition or enforcement proceedings have been instituted before thedenunciation takes effect.
A ContractingState shall not be entitled to avail itself of the present Convention againstother Contracting States except to the extent that it is itself bound to applythe Convention.
The Secretary-Generalof the United Nations shall notify the States contemplated in article VIII ofthe following:
(a) Signaturesand ratifications in accordance with article VIII;
(b) Accessionsin accordance with article IX;
(c)Declarations and notifications under articles I, X and XI;
(d) The dateupon which this Convention enters into force in accordance with article XII;
(e)Denuneiations and notifications in accordance with article XIII.
1. ThisConvention, of which the Chinese, English, French, Russian and Spanish textsshall be equally authentic, shall be deposited in the archives of the UnitedNations.
2. TheSecretary-General of the United Nations shall transmit a certified copy of thisConvention to the States contemplated in article XIII.