Travaux préparatoires on Article IX
b united nations conference international commercial arbitration documents
b 10 text articles adopted conference 4 6 june 1958
b 11 text convention recognition enforcement foreign arbitral awards provisionally approved drafting committee 6 9 june 1958
b 14 final act convention recognition enforcement foreign arbitral awards
c summary records united nations conference international commercial arbitration new york 20 may 10 june 1958
committee enforcement international arbitral awards
1 summary records committee enforcement international arbitral awards
1. Article IX provides that the Convention is open for accession by all States that fall within the description provided at article VIII (1).1366
1366. See information on the status of the Convention on the Internet at http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html.
2. A State may generally express its consent to be bound by the Convention by depositing an instrument of accession with the depositary. Accession has the same legal effect as ratification. However, unlike ratification, which is preceded by signature to create binding legal obligations under international law, accession requires only one step, namely, the deposit of an instrument of accession. The Secretary-General, as depositary, treats instruments of ratification that have not been preceded by signature as instruments of accession, and the States concerned are advised accordingly. There is no mandated form for an instrument of accession, but it must include certain information.1367
1367. See United Nations Treaty Handbook para. 3.3.5 and annex 5. The instrument of accession must include: (i) the title, date and place of conclusion of the treaty concerned; (ii) the full name and title of the person signing the instrument, i.e., Head of State, Head of Government or Minister for Foreign Affairs or any other person acting in such a position for the time being or with full powers for that purpose issued by one of the above authorities; (iii) an unambiguous expression of the intent of the Government, on behalf of the State, to consider itself bound by the treaty and to undertake faithfully to observe and implement its provisions; (iv) the date and place where the instrument was issued; and (v) the signature of the Head of State, Head of Government or Minister for Foreign Affairs (the official seal only is not adequate) or any other person acting in such a position for the time being or with full powers for that purpose issued by one of the above authorities.