承认及执行外国仲裁裁决公约(中英)

Convention on the Recognition and Enforcement of Foreign Arbitral A

wards

Done at New Y

ork, 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

(19 58

年

6

月

1 0

日订于纽约

)

(

< br>批准单位：全国人民代表大会常务委员会，执行日期：

1987-04-22)

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

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

lude 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

1

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。承认