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Indian Acts
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India's Mineral Production During November 2020
DPIIT Launched Central and State-level Regulatory Compliance Portal for Easy Businesses
Cabinet approves Investment Proposal of Rs. 5281.94 Cr for 850 MW Ratle Hydro Power Project
Review of Legislative Department GOI- 2020
Commerce and Industry ministry consults on "New Foreign Trade Policy 2021-26"
Pradhan Mantri Fasal Bima Yojana completes 5 Years 13/01/2021
E-Governance programmes and activities undertaken by Ministry of Electronics & IT during 2020
Prasar Bharati (DD-AIR) records massive digital growth in 2020
CGST Delhi West Commissionerate arrests one for duty evasion of around Rs 831.72 crore
Sovereign Gold Bond Scheme 2020-21 (Series IX)
CURRENT NOTIFICATIONS
Arbitration and Conciliation (Amendment) Ordinance 2020
Compounding powers delegated to RBI Regional Office under FEMA Act 1999
RBI allowed escrow accounts in scheduled commercial banks
I&B Ministry issued notice to implement FDI policy in digital media within a month-16/11/2020
Bilateral Netting of Qualified Financial Contracts Act 2020
Telecom Consumers Protection (Eleventh Amendment) Regulations, 2020
ESSENTIAL INDIAN LAWS
Supreme Court Judgments
Family Laws
Law of Declaration
Cr.P.C
C.P.C
Evidence Act
Limitation Act
Transfer of Property
MULTI-PURPOSE ESSAYS
Government by the Majority- Essay by Ross Winn-1895
Gospel of Wealth by Andrew Carnegie- 1889
Importance of good newspapers
Essay on the East-India Trade by Charles D'Avenant-1697
Access to Justice: A Societal, democratic, economic, and human rights issue
Are Dynamic Shifts Underway in the Indian Economy- An Essay
India's Foreign Policy: An overview of core objectives, Fundamental principles and current priorities
What Is Democracy: Bertrand Russell 1953
An Essay on Modern Education-Jonathan Swift-1740
English Essay: Suggestion for Higher Judicial Examination 2020
EXAM PREPARATION-MCQS
Indian Legal & Constitutional History- Descriptive questions
Solved Descriptive Questions on NDPS Act
MCQs solved and unsolved for judicial services
Solved Descriptive Questions on Indian Evidence Act for Higher Judicial Services: Set- 1
Solved Descriptive Questions on Indian Penal Code for Higher Judicial Services
Descriptive Questions on Industrial Disputes Act for Higher Judicial Services- Set-1
Descriptive Questions on Code of Civil Procedure for Higher Judicial Services- Set-1
Journalist and confidential sources-public interest in disclosure vs public interest in confidentiality
National Identity- Culture and Language
Bail, conditions, breach, revocation, means rea and presumption
Exercising hypothecary remedy and prescription
Doctrine of unconscionability of arbitration clause
Confidentiality of Cabinet deliberations- Bibliography
Freedom of Expression vs Protection of reputation-Bibliography
Retroactive Child Support-Bibliography
Parliamentary privilege-Bibliography
Breach of Contract, Restitution, and Corrective Justice-Bibliography
Construing a will
Filing written statements under CPC
Non-joinder and mis-joinder of parties and causes of action
What is Love Jihad
What is doing things consciously
What is Perception
What is propositional knowledge
What is knowledge
What is Profession
Who is a Lawyer
What is Precedent and Stare decisis
What is an Appeal
What is prejudice
The role of Sheriff
Parliament of the United Kingdom of Great Britain and Northern Ireland
English Parliament
What is feudalism
What is Taxation
What is State
What is Government
What is Dictator
What is Executive Order
What is civil law
What is Executive
What is a court
What is common law legal system
What is a warrant
What is Writ
What is social justice
United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958)
By Advocatetanmoy on October 30, 2018
New York Convention
1. This Convention shall apply to the recognition and enforcement of arbitral awards made in the territory of a State other than the State where the recognition and enforcement of such awards are sought, and arising out of differences between persons, whether physical or legal. It shall also apply to arbitral awards not considered as domestic awards in the State where their recognition and enforcement are sought.
2. The term "arbitral awards" shall include not only awards made by arbitrators appointed for each case but also those made by permanent arbitral bodies to which the parties have submitted.
3. When signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Contracting State. It may also declare that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of the State making such declaration.
1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration.
2. The term "agreement in writing" shall include an arbitral clause in a contract or an arbitration agreement, signed by the parties or contained in an exchange of letters or telegrams.
3. The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
Each Contracting State shall recognize arbitral awards as binding and enforce them in accordance with the rules of procedure of the territory where the award is relied upon, under the conditions laid down in the following articles. There shall not be imposed substantially more onerous conditions or higher fees or charges on the recognition or enforcement of arbitral awards to which this Convention applies than are imposed on the recognition or enforcement of domestic arbitral awards.
1. To obtain the recognition and enforcement mentioned in the preceding article, the party applying for recognition and enforcement shall, at the time of the application, supply:
(a) The duly authenticated original award or a duly certified copy thereof;
(b) The original agreement referred to in article II or a duly certified copy thereof.
2. If the said award or agreement is not made in an official language of the country in which the award is relied upon, the party applying for recognition and enforcement of the award shall produce a translation of these documents into such language. The translation shall be certified by an official or sworn translator or by a diplomatic or consular agent.
1. Recognition and enforcement of the award may be refused, at the request of the party against whom it is invoked, only if that party furnishes to the competent authority where the recognition and enforcement is sought, proof that:
(a) The parties to the agreement referred to in article II were, under the law applicable to them, under some incapacity, or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or
(b) The party against whom the award is invoked was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his case; or
(c) The award deals with a difference not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognized and enforced; or
(d) The composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties, or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or
(e) The award has not yet become binding on the parties, or has been set aside or suspended by a competent authority of the country in which, or under the law of which, that award was made.
2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the country where recognition and enforcement is sought finds that:
(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or
(b) The recognition or enforcement of the award would be contrary to the public policy of that country.
If an application for the setting aside or suspension of the award has been made to a competent authority referred to in article V (1) (e), the authority before which the award is sought to be relied upon may, if it considers it proper, adjourn the decision on the enforcement of the award and may also, on the application of the party claiming enforcement of the award, order the other party to give suitable security.
1. The provisions of the present Convention shall not affect the validity of multilateral or bilateral agreements concerning the recognition and enforcement of arbitral awards entered into by the Contracting States nor deprive any interested party of any right he may have to avail himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.
2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Convention on the Execution of Foreign Arbitral Awards of 1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention.
1. This Convention shall be open until 31 December 1958 for signature on behalf of any Member of the United Nations and also on behalf of any other State which is or hereafter becomes a member of any specialized agency of the United Nations, or which is or hereafter becomes a party to the Statute of the International Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations.
2. This Convention shall be ratified and the instrument of ratification shall be deposited with the Secretary-General of the United Nations.
1. This Convention shall be open for accession to all States referred to in article VIII.
2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General of the United Nations.
1. Any State may, at the time of signature, ratification or accession, declare that this Convention shall extend to all or any of the territories for the international relations of which it is responsible. Such a declaration shall take effect when the Convention enters into force for the State concerned.
2. At any time thereafter any such extension shall be made by notification addressed to the Secretary-General of the United Nations and shall take effect as from the ninetieth day after the day of receipt by the Secretary-General of the United Nations of this notification, or as from the date of entry into force of the Convention for the State concerned, whichever is the later.
3. With respect to those territories to which this Convention is not extended at the time of signature, ratification or accession, each State concerned shall consider the possibility of taking the necessary steps in order to extend the application of this Convention to such territories, subject, where necessary for constitutional reasons, to the consent of the Governments of such territories.
In the case of a federal or non-unitary State, the following provisions shall apply:
(a) With respect to those articles of this Convention that come within the legislative jurisdiction of the federal authority, the obligations of the federal Government shall to this extent be the same as those of Contracting States which are not federal States;
(b) With respect to those articles of this Convention that come within the legislative jurisdiction of constituent states or provinces which are not, under the constitutional system of the federation, bound to take legislative action, the federal Government shall bring such articles with a favourable recommendation to the notice of the appropriate authorities of constituent states or provinces at the earliest possible moment;
(c) A federal State Party to this Convention shall, at the request of any other Contracting State transmitted through the Secretary-General of the United Nations, supply a statement of the law and practice of the federation and its constituent units in regard to any particular provision of this Convention, showing the extent to which effect has been given to that provision by legislative or other action.
1. This Convention shall come into force on the ninetieth day following the date of deposit of the third instrument of ratification or accession.
2. For each State ratifying or acceding to this Convention after the deposit of the third instrument of ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State of its instrument of ratification or accession.
1. Any Contracting State may denounce this Convention by a written notification to the Secretary-General of the United Nations. Denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.
2. Any State which has made a declaration or notification under article X may, at any time thereafter, by notification to the Secretary-General of the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date of the receipt of the notification by the Secretary-General.
3. This Convention shall continue to be applicable to arbitral awards in respect of which recognition and enforcement proceedings have been instituted before the denunciation takes effect.
A Contracting State shall not be entitled to avail itself of the present Convention against other Contracting States except to the extent that it is itself bound to apply the Convention.
The Secretary-General of the United Nations shall notify the States contemplated in article VIII of the following:
(a) Signatures and ratifications in accordance with article VIII;
(b) Accessions in accordance with article IX;
(c) Declarations and notifications under articles I, X and XI;
(d) The date upon which this Convention enters into force in accordance with article XII;
(e) Denunciations and notifications in accordance with article XIII.
1. This Convention, of which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives of the United Nations.
2. The Secretary-General of the United Nations shall transmit a certified copy of this Convention to the States contemplated in article VIII.
© Advocatetanmoy Law Library
Categories: ARBITRATION, Arbitration award
Tagged as: ARBITRATION, Arbitration award
Synopsis of Ramayana as told by sage Narada to Valmiki
Basics of International Trade Law
Review of Climate of India during 2020 - The annual mean land surface air temperature averaged over India during 2020 was above normal. During the year, annual mean land surface air temperature averaged over the country was+0.290C above normal (based on the data of 1981-2010). The year 2020 was the eighth warmest year on record since nation-wide records commenced in 1901.
Catholic priest Thomas Kottoor and nun Sephy held guilty of murdering sister Abhaya by CBI Court - The body of the 19-year-old Catholic nun -- Sister Abhaya -- was found in a well inside the St Pius X convent in the Kottayam district of Kerala on March 27, 1992. In 2008, the Central Bureau of Investigation (CBI) had recorded the arrests of two Catholic priests father Thomas Kottoor and father Jose Puthrukkayil, and a nun Sr Sephy.
President of Nepal dissolved the parliament-declared fresh election on April - On Sunday, December 20, the President of Nepal Bidya Devi Bhandari has approved the recommendation of the Council of Ministers under Article 76 (1) and (7) and Article 85 of the constitution of Nepal and dissolved the Parliament. A statement issued by president declared fresh elections to be held in two rounds on April 30 and on May 10.
FOREIGN COURTS OPINIONS
BAHRAIN, EGYPT, SAUDI ARABIA AND UNITED ARAB EMIRATES v. QATAR-ICJ 14/07/2020
Supreme Court of Pakistan Quashed Reference filed by President of Pakistan against Justice Qazi Faez Isa-19/06/2020
Aspen Underwriting Ltd and ors vs Credit Europe Bank NV- 01/04/2020
Vijay Mallya -v- Government of India- High Court Of Justice QB- 20/04/2020
THE GAMBIA v. MYANMAR-ICJ 23/01/2020
Sandeep & Reena Mander -v- Royal borough of Windsor & Maidenhead, Adopt Berkshire – 6/12/2019
R v Mark James Redknapp – 31/10/2019
Schulze Allen v Royal College of Veterinary Surgeons – 1/7/2019
Tillman v Egon Zehnder Ltd- 3/7/2019
R (on the prosecution of Wolverhampton City Council) -v- Cushman & Wakefield Debenham Tie Leung Limited – 2nd July 2019
Zionism is compatible with the Teachings of Judaism-1942 - WE, THE UNDERSIGNED RABBIS of all elements in American Jewish religious life, have noted with concern a statement by ninety of our colleagues in which they repudiate Zionism on the ground that it is inconsistent with Jewish religious and moral doctrine. This statement misrepresents Zionism and misinterprets historic Jewish religious teaching, and we should be derelict in our duty if we did not correct the misapprehensions which it is likely to foster.
Bill of Rights 1689 - Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following
Constitution of the United States of America [Original version-1789] - We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
LEGAL BITES
Where rights which are claimed are purely of a private character no mandamus to be issued- Allahabad HC-19/11/2020
Conviction for "Dacoity" of less than five persons is not sustainable-Allhabad HC-09/07/2020
Prosecution fails to explain injuries of accused, this lacuna entitles to bail-Allahabad HC-3/9/2020
Religious freedom is not absolute- Govt can ban Qurbani under COVID lockdown-Allahabad HC-29/7/2020
Gravity of offence is not relevant consideration for refusing bail to the juvenile- Allahabad HC-07/08/2020
US National Space Policy-Presidential Policy Directive-9/12/2020
Abraham Accords Declaration and Peace Agreement-15/11/2020
China's National Defense in the New Era – The white paper 2019
Excluding Illegal Aliens From Apportionment Base Following 2020 Census
Promoting the Rule of Law Through Improved Agency Guidance Documents-Executive Order-9/10/2019
List of Multilateral Treaties deposited with UNO
Criminal Procedure Rules 2020-UK
Portuguese Rule of Proceedings in International Arbitration
INTERNATIONAL-BILATERAL
Rules of procedure of National Assembly of France-2010
Excepting Administrative Law Judges From the Competitive Service in USA
Control and prohibition of Cannabis and Cannabis-Related Substances
United States-Israel Security Assistance Authorization Act of 2018
Riyadh Agreement-2013 and 2014: Saudi Arabia, Bahrain, Kuwait, Oman, Qatar and UAE
When the privileges and immunities of consular officers begin and end
American democracy – Speech by Styles Bridge-1940
The Crowd is Untruth-Soren Kierkegaard -1846
Dialogue on Orators by Tacitus-43 BCE
AMERICAN JURISPRUDENCE THROUGH ENGLISH EYES: THE NIGHTMARE AND THE NOBLE DREAM
THEORY OF JUDICIAL DECISION- ROSCOE POUND- 1924
Nelson Mandela's Statement before Pretoria Supreme Court : On Freedom 1965
CURRENT LAW BOOK
De legibus-Treatise on Law : Marcus Tullius Cicero
Judicial Tug of War-Adam Bonica
Principles of Equity and Trusts-Samantha Hepburn
A Practical Approach to Commercial Conveyancing and Property-Robert Abbey
A Practical Approach to Alternative Dispute Resolution-Susan Blake
A Practical Approach to Civil Procedure-Stuart Sime
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