Available documents (272)
Country United Kingdom Court England and Wales, Court of Appeal Date 06 April 1984 Parties The "Tuyuti" Applicable NYC Provisions II | II(3) Source [1984] QB 838, [1984] 3 WLR 745 | online: ICLR
Languages English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1482&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFUnited Kingdom / 01 March 1984 / England and Wales, House of Lords / Minister of Public Works of the Government of the State of Kuwait v. Sir Frederick Snow & Partners
Country United Kingdom Court England and Wales, House of Lords Date 01 March 1984 Parties Minister of Public Works of the Government of the State of Kuwait v. Sir Frederick Snow & Partners Applicable NYC Provisions VII | VII(2) Source [1984] A.C. 426 | online: ICLR
Languages English Summary In 1979, the claimant State commenced proceedings in England under the Arbitration Act 1975 (U.K.) (“the Act”) to enforce an award made in 1973 by a Kuwaiti arbitrator concerning disputes arising out of a contract for the construction of an international airport in Kuwait. In 1973, when the award was made, the claimant State was not a party to the NYC, but by 1979, when the enforcement proceedings were commenced, it had become a party. The defendants resisted enforcement on the basis that a foreign award could only qualify as a “Convention award” for the purposes of the Act (being defined as “an award made in pursuance of an arbitration agreement in the territory of a state, other than the United Kingdom, which is a party to the [NYC]”) if the State in which it was made was already a party to the NYC at the date of the award. The claimant State argued that a foreign award could qualify as a “Convention award” if the State in which it was made had become a party to the NYC by the date on which the enforcement proceedings were commenced. At first instance, it was held that the award was not a “Convention award” for the purposes of the Act and could not be enforced under it. The claimant State appealed. The Court of Appeal allowed the appeal. The defendants appealed. The House of Lords dismissed the defendants’ appeal, their Lordships preferring the meaning of the expression “Convention award” in the Act contended for by the claimant State. In so ruling, their Lordships noted that in case they were wrong in their view that the meaning of the expression “Convention award” was unambiguous, it was permissible to refer to the text of the NYC in order to obtain assistance in resolving any ambiguity. Such assistance was to be found in Article VII (2) NYC, the effect of which is that, upon two or more States which were parties to the 1923 Geneva Protocol on Arbitration Clauses and the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards becoming parties to the NYC, the two earlier treaties shall no longer apply as between such States. If the expression “Convention award” was construed in the way contended for by the defendants, the result of Article VII (2) NYC would be to produce a lacuna in the reciprocal recognition and enforcement of awards as between many States. They gave the following illustration. First, suppose that before 1975, states A and B were both parties to the Geneva Treaty of 1927. In that case, awards made in state A could be enforced pursuant to that treaty in state B, and vice versa. Next, suppose that in 1975 both states A and B became parties to the NYC. Then, on the defendants' construction of the expression “Convention award”, an award made in state A in, say, 1970, could not be enforced as a Convention award in state B because, at the time when such award was made, state A was not yet a party to the NYC. At the same time, by reason of Article VII(2) NYC, the award made in state A could not be enforced in state B under the Geneva Treaty of 1927, because that treaty would, upon states A and B becoming parties to the NYC in 1975, have ceased to have effect as between them. see also : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=890&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFUnited Kingdom / 28 June 1983 / England and Wales, Court of Appeal / Bank Mellat v. Helliniki Tachniki S.A.
Country United Kingdom Court England and Wales, Court of Appeal Date 28 June 1983 Parties Bank Mellat v. Helliniki Tachniki S.A. Source [1983] 3 WLR 783; [1984] 1 QB 291 (CA) | online: ICLR
Languages English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=1485&opac_view=6 Attachment (1)
Original LanguageAdobe Acrobat PDFJulian Lew / The Recognition and Enforcement of Arbitration Awards in England / 10(3) International Lawyer 425 (1976) - 1976
Author(s) Julian Lew Source 10(3) International Lawyer 425 (1976) Subject(s) B. Articles on the recognition and enforcement of arbitral awards in specific countries and regions (including book chapters) Jurisdictions United Kingdom Worldcat Number Worldcat : 1589271 ISBN 978-981-05-7046-0 Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3204&opac_view=6
Comments Report of Working Party n°1 on reservations during its meeting held on 4 June 1958 Date 04/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.6. Reports of Working Party I: 2-4 June 1958 Country Poland | United Kingdom | Ceylon | Norway | Italy Applicable NYC Provisions I Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3370&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDFE/CONF.26/L.42 - Report on Article 1, paragraph 1 and Article 2 of the draft Convention (E/2704 and Corr.1)- 02/06/1958
Comments Report of Working Party n°1 established at the United Nations Conference on Internal Commercial Arbitration (its 7th meeting held on 23 May 1958) Date 02/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.6. Reports of Working Party I: 2-4 June 1958 Country Colombia | France | India | Israel | Italy | Turkey | United Kingdom Applicable NYC Provisions I | III Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3368&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 PDFE/CONF.26/L.33 - Amendments proposed by the Netherlands, Sweden, the Committee, France, Pakistan and Israel- 28/05/1958
Date 28/05/1958 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 | France | Pakistan | Israel | United Kingdom Applicable NYC Provisions II | V | V(1)(c) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3358&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 United Kingdom Applicable NYC Provisions I Language(s) English | Russian Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3352&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDFE/CONF.26/L.21 - Israel: proposed amendment to the United Kingdom amendment to Article 2 (E/CONF.26/L.11)- 27/05/1958
Date 27/05/1958 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 Israel | United Kingdom Applicable NYC Provisions III Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3341&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 27/05/1958 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 United Kingdom Applicable NYC Provisions II Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3342&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 27/05/1958 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 United Kingdom Applicable NYC Provisions V Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3343&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 27/05/1958 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 United Kingdom Applicable NYC Provisions V | V(1)(e) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3344&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDFE/CONF.26/L.10/Rev.1 - Belgium, Czechoslovakia, United Kingdom: additional provisions to be included in the draft Convention- 26/05/1958
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 Belgium | United Kingdom Applicable NYC Provisions I Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3327&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 23/05/1958 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 United Kingdom Applicable NYC Provisions III Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3328&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Comments Amendment to Article 1 and Article 2 Date 22/05/1958 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 United Kingdom Applicable NYC Provisions I Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3321&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDF
Date 03/04/1956 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 Netherlands | United Kingdom Applicable NYC Provisions I | II | V | V(1)(c) | V(1)(d) | V(2)(b) | IX | XIV Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3301&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDFE/2822/Add.3 - General Considerations by the United States Chamber of Commerce and the International Institute for the Unification of Private Law- 25/03/1956
Date 25/03/1956 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 Netherlands | United Kingdom Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3300&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDFE/2704 : E/AC.42/4/Rev.1 - Report of the Committee on the Enforcement of International Arbitral Awards (Resolution of the Economic and Social Council establishing the Committee, Composition and Organisation of the Committee, General Considerations, Draft Convention)- 28/03/1955
Comments Annex: Draft Convention on the Recognition and Enforcement of foreign arbitral awards Date 28/03/1955 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 | VII | VIII Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3423&opac_view=6 Attachment (1)
Read DocumentAdobe Acrobat PDFE/2704 - Report of the Committee on the Enforcement of International Arbitral Awards (Resolution of the Economic and Social Council establishing the Committee, Composition and Organisation of the Committee, General Considerations, Draft Convention)- 28/03/1955
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
Date of accession 24 September 1975 Date of entry into force 23 December 1975 Reservations A reciprocity reservation is in effect (Arbitration Act 1996, s.100(1)) [Original in English]. This continues the reciprocity reservation originally made at ratification (Arbitration Act 1975, s.7(1)) [Original in English]. The United Kingdom extended the territorial application of the Convention, for the case of awards made only in the territory of another contracting State, to the following territories: Gibraltar (24 September 1975), Isle of Man (22 February 1979), Bermuda (14 November 1979), Cayman Islands (26 November 1980), Guernsey (19 April 1985), Jersey (28 May 2002).
National Arbitration Act in force England & Wales, Northern Ireland: Arbitration Act 1996, c.23 [Original in English]
Scotland: Arbitration Act 2010 [Original in English]Domestic Court with jurisdiction over recognition and enforcement of foreign award England & Wales, Northern Ireland: A foreign award may be enforced in county courts or in the High Court as if the award were judgment or order of that court.
Scotland: A foreign award may be enforced in the Outer House of the Court of Session or by the Sheriff as if the award were an extract registered decree bearing a warrant for execution granted by the Outer House of the Court of Session or the Sheriff.Author(s) and Contributor(s) Ali Adamjee (Barrister | Chambers of Sir Hamid Moollan QC – Port Louis, Mauritius)
Matthieu Grégoire (Barrister | 4 New Square)
DSP Publishing
Incorporated Council of Law Reporting (ICLR)Long Title United Kingdom More information... https://newyorkconvention1958.org/index.php?lvl=cmspage&pageid=11&menu=612&opac_view=-1