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Australia / 26 June 2012 / Australia, Supreme Court of Western Australia / Cape Lambert Resources Ltd and Mt Anketell Pty Ltd v. MCC Australia Sanjin Mining Pty Ltd, MCC Mining (Western Australia) Pty Ltd and Metallurgical Corporation of China Ltd / CIV 2408 of 2010
Country Australia Court Australia, Supreme Court of Western Australia Date 26 June 2012 Parties Cape Lambert Resources Ltd and Mt Anketell Pty Ltd v. MCC Australia Sanjin Mining Pty Ltd, MCC Mining (Western Australia) Pty Ltd and Metallurgical Corporation of China Ltd Case number CIV 2408 of 2010 Applicable NYC Provisions II | II(1) | VIII | IX Source [2012] WASC 228 | https://www.supremecourt.wa.gov.au (website of the Supreme Court of Western Australia)
Languages English affirmed by : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=6089&opac_view=6 Attachment (1)
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20 th meeting [E/CONF.26/SR20 - E/2704 and Corr.1, E/2822 and Add.1 to 6,, E/CONF.26/2, E/CONF.26/3 and Add.1, E/CONF.26/4, E/CONF.26/7, E/CONF.26/L.16, L.28, L.49 and L.52]- 12/09/1958
Comments Meeting held at Headquarters, New York, on Thursday, 5 June 1958, at 10.40 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 V | VII | VIII | IX | X | XI | XII | XIII | XIV Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3412&opac_view=6 Attachment (1)
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Comments Meeting held at Headquarters, New York, on Tuesday, 10 June 1958, at 10.15 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 I | II | V | V(1)(a) | V(1)(e) | V(2)(b) | VIII | IX | X | XI | XII | XIII | XIV | XV Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3416&opac_view=6 Attachment (1)
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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)
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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)
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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)
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Date 05/06/1958 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 IX | X | XI | XIII | XIV | XVI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3384&opac_view=6 Attachment (1)
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Date 21/05/1958 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 Poland Applicable NYC Provisions I | II | VII | VIII | IX Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3319&opac_view=6 Attachment (1)
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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)
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Date 21/02/1956 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 Egypt | Sweden Applicable NYC Provisions I | II | V | V(2)(b) | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English | French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3298&opac_view=6 Attachment (1)
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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)
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Comments Meeting held at Headquarters, New York, on Tuesday, 8 March 1955, at 2.45 p.m Date 04/04/1955 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) | VII | VIII | IX | X | XI Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3433&opac_view=6 Attachment (1)
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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)
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IX / 1. ANALYSIS (IX) /
1. Article IX provides that the Convention is open for accession by all States that fall within the description provided at article VIII(1).1
1. See information on the status of the Convention on the Internet at http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention_status.html.
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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.8
2. See UN Treaty Handbook, section 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.
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