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Malta / 15 June 2017 / Malta, Qorti Civili Prim’Awla (First Hall Civil Court) / Samsung C&T Deutschland and GMBH v. Geden Holdings Limited / 810/2016
Country Malta Court Malta, Qorti Civili Prim’Awla (First Hall Civil Court) Date 15 June 2017 Parties Samsung C&T Deutschland and GMBH v. Geden Holdings Limited Case number 810/2016 Applicable NYC Provisions VIII Source http://www.justiceservices.gov.mt (source: Government of Malta)
Languages Maltese Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4738&opac_view=6 Attachment (1)
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Country United States Court United States, U.S. District Court, District of Puerto Rico Date 30 December 2016 Parties Eazy Electronics & Technology, LLC, et al. v. LG Electronics, Inc., et al. Case number 16-1830 (GAG) Applicable NYC Provisions II | II(1) | II(2) | II(3) | VIII Source http://us-arbitration.shearman.com (Shearman & Sterling US International Arbitration Digest website)
Languages English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=4111&opac_view=6 Attachment (1)
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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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Country Morocco Court Morocco, Commercial Court of Appeal of Casablanca Date 02 April 2010 Parties Company Croppo Actiona v. Works Company Loutfi Case number 5601/2009/4 Applicable NYC Provisions III | IV | IV(1) | IV(1)(a) | IV(1)(b) | V | V(1) | V(1)(a) | VIII Source Registry of the court
Languages Arabic Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=6626&opac_view=6
19 th meeting [E/CONF.26/SR.19 - E/2704 and Corr.1 and Add.1 to 6, E/CONF.26/2, 26/3 and Add.1, 26/4, 26/7, E/CONF.26/L.16, L.28 and L.44]- 12/09/1958
Comments Meeting held at Headquarters, New York, on Wednesday, 4 June 1958, at 2.50 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 VII | VIII Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3411&opac_view=6 Attachment (1)
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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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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 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 VIII Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3383&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 24/04/1958 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.3. Activities of Inter-Governmental and Non-Governmental Organizations in the Field of International Commercial Arbitration: Consolidated Report by the Secretary-General - 24 April 1958 Applicable NYC Provisions I | IV | V | V(1)(d) | V(1)(e) | V(2)(b) | VIII | XI | XIV Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3308&opac_view=6 Attachment (1)
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Date 16/07/1956 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 Yugoslavia Applicable NYC Provisions I | VIII | X | XI | XII Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3303&opac_view=6 Attachment (1)
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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)
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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: 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)
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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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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)
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VIII / 1. ANALYSIS (VIII) / §1
1. Article VIII is part of the final provisions of the Convention. It sets out who may become a Party to the Convention and the procedure for becoming a party to the Convention. It also determines who acts as the depositary for the Convention.
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2. The Convention, which was concluded on 10 June 1958, was open for signature until 31 December 1958. Twenty-four States signed the Convention before this deadline.1 Article VIII(1) provides that any other States which did not sign the Convention before the deadline, have acceded, or shall then accede to the Convention in accordance with the provisions of article IX of the Convention.
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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3. The Convention is open for signature by any “Member of the United Nations”.2 Article VIII(1) further provides that the Convention is open for signature by any other State which is or becomes a member of any specialized agency of the United Nations, or which is or becomes a party to the Statute of the International Court of Justice, or any other State to which the General Assembly of the United Nations addresses an invitation.
2. At the time of the adoption of the Convention in 1958, 82 States were members of the United Nations (see on the Internet: http://www.un.org/en/members/growth.shtml).
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4. During the United Nations Conference International Commercial Arbitration convened for the preparation and adoption of the Convention, a debate arose concerning the use of the term “State” in the definition of who may become a Party to the Convention.3 According to some delegations, the term “State” could not be used because it had no uniform meaning.4 No “State” had been invited by the General Assembly to sign the Convention prior to 31 December 1958.
3. Still, nowadays, the Secretary-General, as depositary, has stated on a number of occasions that it would fall outside his competence to determine whether a territory or entity falls within any “all States” formula. Pursuant to a general understanding adopted by the General Assembly on 14 December 1973, the Secretary-General will, in discharging his functions as depositary of a convention with the “all States” clause, follow the practice of the General Assembly and, whenever advisable, will request the opinion of the Assembly before receiving a signature or an instrument of ratification or accession (See United Nations Juridical Yearbook, 1973 (United Nations publication, Sales No. E.75.V.1), part two, chap. IV, sect. A.3 (at 79, note 9), and ibid., 1974 (United Nations publication, Sales No. E.76.V.1), part two, chap. VI, sect. A.9 (at 157-159)).
4. E/2704, at 15 and E/2822, at 29; E/CONF.26/7, at 1; E/CONF.26/SR.19, at 2.
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5. Article VIII(2) expressly provides for States to express their consent to be bound by the Convention by signature subject to ratification. This allows States to seek approval for the Convention at the domestic level and to enact any legislation necessary to implement the Convention domestically, prior to undertaking the legal obligations under the Convention at the international level.5
5. UN Treaty Handbook, para. 3.3.2.
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6. The act by which a State expresses its consent to be bound by the Convention is distinct from the Convention’s entry into force. Consent to be bound is the act whereby a State demonstrates its willingness to undertake the legal rights and obligations under the Convention through the deposit of an instrument of ratification (under article VIII(2)) or of accession (under article IX). On the other hand, entry into force is the moment the Convention becomes legally binding for a State; that is, the moment at which that State becomes Party to the Convention. That moment is defined under article XII.
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7. The Secretary-General of the United Nations is the depositary for the Convention.6 In practice, the Treaty Section of the United Nations Office of Legal Affairs carries out depositary functions on behalf of the Secretary-General.
6. The Secretary-General derives his authority as depository for multilateral treaties from: (a) Article 98 of the Charter of the United Nations; (b) provisions of the treaties themselves; (c) General Assembly resolution 24 (1) of 12 February 1946; and (d) League of Nations resolution of 18 April 1946 (see UN Treaty Handbook, para. 2.1).
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