Guide
Available documents (200)
sorted by (Publication date descending, Resource ascending) Add to selection
Quick view
Refine your search
11 th meeting [E/CONF.26/SR.11 - E/2704/Rev.1, E/2822 and Add.1-6, E/CONF.26/2, 6/3 and Add.1, 26/4, 26/7, E/CONF.26/L.6-L.31]- 12/09/1958
Comments Meeting held at Headquarters, New York, on Tuesday, 27 May 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3403&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Meeting held at Headquarters, New York, on Wednesday, 28 May 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3405&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Meeting held at Headquarters, New York, on Thursday, 29 May 1958, at 11.45 a.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3406&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Meeting held at Headquarters, New York, on Tuesday, 3 June 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3409&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Meeting held at Headquarters, New York, on Thursday, 5 June 1958, at 2.45 p.m Date 12/09/1958 Classification (first level) C. Summary Records of the United Nations Conference on International Commercial Arbitration, New York, 20 May - 10 June 1958 Applicable NYC Provisions I | II | V | V(2)(a) | V(2)(b) | XII | XIV | XV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3413&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Final Act and Convention on the recognition and enforcement of foreign arbitral awards Date 10/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.14. Final Act and Convention on the Recognition and Enforcement of Foreign Arbitral Awards Applicable NYC Provisions III | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3392&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 09/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.11. Text of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards as Provisionally Approved by Drafting Committee 6-9 June 1958 Applicable NYC Provisions I | III | II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3389&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 06/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.11. Text of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards as Provisionally Approved by Drafting Committee 6-9 June 1958 Applicable NYC Provisions I | II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VIII | IX | X | XI | XII | XIII | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3388&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 04/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.10. Text of Articles Adopted by the Conference: 4-6 June 1958 Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3381&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 03/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.7. Text of Articles III, IV and V of the Draft Convention Proposed by Working Party III: 3 June 1958 Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3371&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 29/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.3. Comparison of Drafts Relating to Articles III, IV and V of the Draft Convention - 29 May 1958 Country Netherlands | Sweden | Israel | Pakistan | France | Japan | Yugoslavia | Poland | United Kingdom | Switzerland | Italy Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3359&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 29/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.5.Further Amendments to the Draft Convention Submitted by Governmental Delegations - 29 May -3 June 1958 Country Italy | Netherlands Applicable NYC Provisions V | V(2)(a) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3363&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country France | Netherlands Applicable NYC Provisions V(1)(c) | V | V(1)(d) | V(2)(a) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3355&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 26/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country Netherlands Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3335&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 08/04/1958 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Netherlands Applicable NYC Provisions I | II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3307&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 06/03/1958 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.4. Comments on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: Note by the Secretary-General: 6 March 1958 Applicable NYC Provisions I | III | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3309&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 13/04/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Hungary | Norway Applicable NYC Provisions I | II | V | V(1)(c) | V(1)(e) | V(2)(a) | VIII | XI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3302&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 01/03/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Greece Applicable NYC Provisions I | II | V | V(1)(d) | V(1)(e) | V(2)(a) Language(s) English | French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3299&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Annex I: Comments by Governements (General observations and then comments on each article) Annex II: Comments by Non-Governmental Organizations (General observations and then comments on each article). Date 31/01/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Austria | Belgium | Brazil | China | Denmark | France | India | Japan | Korea | Lebanon | Mexico | Philippines | Switzerland Applicable NYC Provisions I | II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English | French | Spanish Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3297&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Meeting held at Headquarters, New York, on Thursday, 3 March 1955, at 3.10 p.m Date 29/03/1955 Classification (first level) D. Committee on the Enforcement of International Arbitral Awards Classification (second level) D.1. Summary Records of the Committee on the Enforcement of International Arbitral Awards Applicable NYC Provisions V | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3430&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Meeting held at Headquarters, New York, on Monday, 7 March 1955, at 2.50 p.m Date 29/03/1955 Classification (first level) D. Committee on the Enforcement of International Arbitral Awards Classification (second level) D.1. Summary Records of the Committee on the Enforcement of International Arbitral Awards Applicable NYC Provisions IV | V | V(1)(d) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3432&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Annex: E/AC.42/4 - Draft Convention on the recognition and enforcement of foreign arbitral awards Date 28/03/1955 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.1. ECOSOC: Report of the Committee on the Enforcement of Foreign Arbitral Awards: 18 March 1955 Country Australia | Belgium | Ecuador | Egypt | India | Sweden | United Kingdom Applicable NYC Provisions I | II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3295&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Annex: Draft Convention on the Recognition and Enforcement of foreign arbitral awards Date 21/03/1955 Classification (first level) D. Committee on the Enforcement of International Arbitral Awards Country Australia | Belgium | Ecuador | Egypt | India | Sweden | United Kingdom Applicable NYC Provisions III | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VIII Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3422&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments This document contains Brochure 174, received by the Secretary-General on 17 September 1953 and dated 10 September 1953 Date 28/10/1953 Classification (first level) D. Committee on the Enforcement of International Arbitral Awards Applicable NYC Provisions V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | III Language(s) English | French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3418&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
V(2) / V(2)(a) / 1. INTRODUCTION (V2a) /
1. Article V(2)(a) of the New York Convention enables the courts of a Contracting State to refuse recognition and enforcement of an award if they find that the subject matter of the difference which led to the award is not capable of settlement by arbitration under the law of the country where recognition and enforcement is sought.
See in context
10. Furthermore, while the ground for refusal set forth at article V(2)(a) may sometimes coincide with that at article V(2)(b), in other cases it does not. For instance, certain family law issues which also touch upon financial matters, such as the resolution of financial arrangements between spouses, are in some jurisdictions not capable of settlement by arbitration,11 while allowed in others to be settled by arbitration12 without falling under the concept of international public policy.
11. See e.g. Article 806 of the Italian Code of Civil Procedure, which allows parties to elect for dispute settlement through arbitration apart from disputes concerning, inter alia, “issues of personal status and marital separation”; Article 2060 of the French Civil Code, which provides inter alia that “[o]ne may not enter into arbitration agreements in matters … relating to divorce and judicial separation”. Although this text does not apply to international arbitration, it nevertheless reveals the importance that the French legislature attaches to these issues.
12. See e.g. Article 177 of the Swiss Private International Law Statute, under which “[a]ny dispute of financial interest may be the subject of an arbitration”, i.e. any dispute which can be assessed in monetary terms, is capable of settlement by arbitration.
See in context
11. In line with the approach of the New York Convention to differentiate arbitrability and public policy, courts of the Contracting States have consistently addressed the grounds in articles V(2)(a) and V(2)(b) separately, without questioning whether they refer to the same concept.13
13. See e.g. Parsons & Whittemore Overseas Co.v. Société Générale de L’Industrie du Papier, Court of Appeals, Second Circuit, United States of America, 23 December 1974, 508 F.2d 969, 975 (2nd Cir. 1974); Angel v. Bernardo Alfageme, S.A., Supreme Court, Civil Chamber, First Section, Spain, 20 March 2001, XXXI Y.B COM. ARB. 821 (2006); Hemofarm DD, MAG International Trade Holding DD, Suram Media Ltd. v. Jinan Yongning Pharmaceutical Co. Ltd., Supreme People’s Court, China, 2 June 2008, Min Si Ta Zi No. 11; Javor v. Francoeur, Supreme Court of British Columbia, Canada, 06 March 2003, BCSC 2003 350; Bobbie Brooks Inc. v. Lanificio Walter Banci s.a.s., Court of Appeal, Florence, Italy, 8 October 1977, IV Y.B COM. ARB. 289 (1979); KM v. JSC, Supreme Court, Lithuania, 21 February 2011, XXXVIII Y.B COM. ARB. 414 (2013); Drummond Ltd v Ferrovias en Liquidacion, Ferrocariles Nacionales de Colombia S.A. (FENOCO), Supreme Court of Justice, Colombia, 19 December 2011, 11001-0203-000-2008-01760-00.
See in context
12. It has been suggested that the fact that a particular matter is not capable of settlement by arbitration under a national law should not necessarily entail that it will not give rise to an enforceable award under the New York Convention. In Parsons, a United States Appeals court considered that “it may well be that the special considerations and policies” underlying international arbitration “call for a narrower view of non-arbitrability in the international than the domestic context”.14 A number of commentators have also considered that the Convention’s pro-enforcement policy requires courts to apply an international, rather than a domestic, notion of which subject matters are to be capable of settlement by arbitration.15
14. Parsons & Whittemore Overseas Co.v. Société Générale de L’Industrie du Papier, Court of Appeals, Second Circuit, United States of America, 23 December 1974, 508 F.2d 969, 975 (2nd Cir. 1974). The Court of Appeal found that there was no special national interest in the judicial, rather than arbitral, resolution of a breach of contract claim that would justify a refusal to recognise and enforce the ensuing award pursuant to article V(2)(a), and that it need not reach any distinction between the domestic and international arbitrability of the award. In a different context, courts in the United States have also confirmed that disputes involving issues of American antitrust law, which are normally subject to the jurisdiction of domestic courts, are capable of settlement by arbitration within the meaning of article II of the Convention. See e.g. Mitsubishi Motors Corp v. Soler Chrysler-Plymouth, Supreme Court, United States of America, 20 December 1983, XI Y.B COM. ARB 555 (1986), where the Supreme Court affirmed that it is “necessary for national courts to subordinate domestic notions of arbitrability to the international policy favouring commercial arbitration”.
15. FOUCHARD GAILLARD GOLDMAN ON INTERNATIONAL COMMERCIAL ARBITRATION (E. Gaillard, J. Savage eds., 1999), at 995, para. 1707; W. LAURENCE CRAIG, WILLIAM W. PARK, AND JAN PAULSSON, INTERNATIONAL CHAMBER OF COMMERCE ARBITRATION (3rd ed. 2000), at 62-63; GARY B. BORN, INTERNATIONAL COMMERCIAL ARBITRATION (2014), at 3697-3698; ALBERT JAN VAN DEN BERG, THE NEW YORK ARBITRATION CONVENTION OF 1958: TOWARDS A UNIFORM JUDICIAL INTERPRETATION (1981), at p. 152-153; ICCA’S GUIDE TO THE INTERPRETATION OF THE 1958 NEW YORK CONVENTION: A HANDBOOK FOR JUDGES (P. Sanders ed., 2011), at 105; David Quinke, Article V(2)(a) in THE NEW YORK CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS – COMMENTARY (R. Wolff ed., 2012), at 388-389, paras. 438-440.
See in context
13. Article V(2)(a) provides that a court may refuse to recognize and enforce an award where the subject matter of the dispute which gave rise to the award is not capable of settlement by arbitration.
See in context
14. The Convention does not identify the types of subject matters that are capable of settlement by arbitration. The wording of article V(2)(a) specifically directs the enforcing court to determine whether the subject matter of the dispute is capable of settlement by arbitration “under the law of that country” where recognition and enforcement is sought. In accordance with this wording, courts of the Contracting States have consistently applied their national laws to assess whether a dispute is capable of settlement by arbitration, and not the law of the country where the arbitration took place or any other law.16
16. See e.g. Société O.A.O. NPO Saturn v. Société Unimpex Entreprises, Court of Appeal of Paris, France, October 2009, 07/17049; Bankruptcy estate of Kommandiittiyhtiö Finexim O. Ivanoff (Finexim) v. Ferromet Aussenhandelsunternehmen, Supreme Court, Finland, 27 February 1989, S88/310; ED & F Man (Hong Kong) Co., Ltd. v. China National Sugar & Wines Group Corp., Supreme People’s Court, China, 01 July 2003, Min Si Ta Zi No. 3; Aloe Vera of America, Inc. v. Asianic Food (S) Pte Ltd and Another, Supreme Court of Singapore, High Court, Singapore, 10 May 2006, OS 762/2004, RA 327/2005, XXXII Y.B COM. ARB. 489 (2007); Construction Company Z v. State X, Kammergericht [KG] Berlin, Germany, 10 August 2006, 20 Sch 4/07.
See in context
