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1958
纽约公约(中英文)
Convention on
the Recognition and Enforcement of
Foreign Arbitral Awards
Done at New York, 10 June 1958; entered
into force, 7 June 1959
(United Nations, Treaty Series, vol.
330, p. 38, No. 4739)
承认及执行外国仲裁裁决公约
(1958
< br>年
6
月
10
日订于纽约
)
Article I
第一条
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.
一、
仲裁
裁决,
因自然人或法人间之争议而产生且在声请承认及执行地所在国以外之国
家领土内作成者,
其承认及执行适用本公约。
本公
约对于仲裁裁决经声请承认及执行地所在
国认为非内国裁决者,亦适用之。
2.
The
term
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.
二、
“仲裁裁决”一词不仅指专案选派之仲裁员所作裁决,
亦
指当事人提请仲裁之常设
仲裁机关所作裁决。
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.
三、
任何国家得于签署、批准或加入本公约时,或于本公约第十条通知推广适用时,本
着互惠
原则声明该国适用本公约,
以承认及执行在另一缔约国领土内作成之裁决为限。
任何
国家亦得声明,
该国唯于争议起于法律关系
,
不论其为契约性质与否,
而依提出声明国家之
国内法认为系属商事关系者,始适用本公约。
Article
II
第二条
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 contractual
or not, concerning a subject matter capable of
settlement by
arbitration.
一、
当事人以书面协定承允彼此间所
发生或可能发生之一切或任何争议,
如关涉可以仲
裁解决事项之
确定法律关系,
不论为契约性质与否,
应提交仲裁时,
各缔约国应承认此项协
定。
2.
The
term
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.
二、
称“书面协定”者,
谓当事人所签订或在互换函电中所载明之契约仲裁条款或仲裁
协定。
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.
三、
当事人就诉讼事项订有本条所称
之协定者,
缔约国法院受理诉讼时应依当事人一造
之请求,命当
事人提交仲裁,但前述协定经法院认定无效、失效或不能实行者不在此限。
Article
III
第三条
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.
各缔约国应承认仲裁裁决具有拘束
力,
并依援引裁决地之程序规则及下列各条所载条件
执行之。<
/p>
承认或执行适用本公约之仲裁裁决时,
不得较承认或执行内国仲裁
裁决附加过苛之
条件或征收过多之费用。
Article
IV
第四条
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:
一、声请承认及执行之一造,为取得前条所称之承认及执行,
应于声请时提具:
(a) The duly authenticated original
award or a duly certified copy thereof;
(
甲
p>
)
原裁决之正本或其正式副本,
(b) The
original agreement referred to in article II or a
duly certified copy
thereof.
(
乙
p>
)
第二条所称协定之原本或其正式副本。
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.
二、
倘前述裁决或协定所用文字非为
援引裁决地所在国之正式文字,
声请承认及执行裁
决之一造应备
具各该文件之此项文字译本。
译本应由公设或宣誓之翻译员或外交或领事人员
认证之。
Article V
第五条
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:
一、
裁决唯有于受裁决援用之一造向声请承认及执行地之主管机关提具证据证明有下列
情形之一时,始得依该造之请求,拒予承认及执行:
(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
(
甲
)
第二条所称协定之当事
人依对其适用之法律有某种无行为能力情形者,
或该项协定
依当
事人作为协定准据之法律系属无效,
或未指明以何法律为准时,
依裁决地所在国法律系
属无效者
;
(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
(
乙
p>
)
受裁决援用之一造未接获关于指派仲裁员或仲裁程序之适当通知,
或因他故,
致未
能申辩者
;
(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
(
丙
)
p>
裁决所处理之争议非为交付仲裁之标的或不在其条款之列,
或裁决载
有关于交付仲
裁范围以外事项之决定者,
但交付仲裁事项之决定
可与未交付仲裁之事项划分时,
裁决中关
于交付仲裁事项之决定
部分得予承认及执行
;
(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
(
丁
)
仲裁机
关之组成或仲裁程序与各造间之协议不符,
或无协议而与仲裁地所在国法律
不符者
;
(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.
(
戊
)
p>
裁决对各造尚无拘束力,
或业经裁决地所在国或裁决所依据法律之国
家之主管机关
撤销或停止执行者。
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:
二、
倘声请承认及执行地所在国之主管机关认定有下列情形之一,
< br>亦得拒不承认及执行
仲裁裁决:
(a) The subject
matter of the difference is not capable of
settlement by
arbitration under the law
of that country; or
(
甲
)
依该国法律,争议事
项系不能以仲裁解决者
;
(b)
The
recognition
or
enforcement
of
the
award
would
be
contrary
to
the
public
policy
of that country.
(
乙
)
承认或执行裁决有违该国公
共政策者。
Article VI
第六条
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.
倘裁决业经向第五条第一项
(
戊
< br>)
款所称之主管机关声请撤销或停止执行,
受理援引裁决
案件之机关得于其认为适当时延缓关于执行裁决之决定,
并得依
请求执行一造之声请,
命他
造提供妥适之担保。
Article
VII
第七条
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.
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