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CHỦ TỊCH NƯỚC CỘNG
HOÀ XÃ HỘI CHỦ NGHĨA VIỆT NAM
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CỘNG
HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập – Tự do – Hạnh PHúc
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Số: 453/QĐ-CTN
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Ngày 28 tháng 7
năm 1995
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QUYẾT ĐỊNH
CỦA
CHỦ TỊCH NƯỚC SỐ 453/QĐ-CTN NGÀY 28 THÁNG 7 NĂM 1995
CHỦ TỊCH NƯỚC CỘNG HOÀ XÃ HỘI CHỦ NGHĨA VIỆT NAM
Căn cứ vào Điều 103 và Điều 106 Của hiến pháp nước cộng
hoà Xã hội chủ nghĩa Việt Nam năm 1992;
Căn cứ vào Pháp lệnh về ký kết và thực hiện Điều ước quốc
tế của nước Cộng hoà Xã hội chủ nghĩa Việt Nam ngày 17 tháng 10 năm 1989;
Theo đề nghị của Chính phủ tại Tờ trình số 4250/PC ngày
02 tháng 8 năm 1994;
QUYẾT ĐỊNH:
Điều 1
- Tham gia
Công ước về công nhận và thi hành quyết định của trọng tài nước ngoài của Liên
hợp quốc đã được thông qua tại Niu-oóc ngày 10 tháng 6 năm 1958.
Điều 2
- Công ước
chỉ áp dụng đối với việc công nhận và cho thi hành tại Việt Nam quyết định của
trọng tài nước ngoài được tuyển tại lãnh thổ quốc gia là thành viên của Công ước
này. Đối với quyết định của trọng tài nước ngoài được quyền tại lãnh thổ của quốc
gia chưa ký kết hoặc tham gia Công ước, Công ước được áp dụng tại Việt Nam theo
nguyên tắc có đi có lại.
Sẽ chỉ áp dụng Công ước đối với
tranh chấp phát sinh từ các quan hệ pháp luật thương mại.
Mọi việc giải thích Công ước trước
Toà án hoặc cơ quan có thẩm quyền của Việt Nam phải theo quy định của Hiến pháp
và pháp luật Việt Nam.
Điều 3
- Bộ trưởng
Bộ Ngoại giao có trách nhiệm làm thủ tục đối ngoại về việc tham gia Công ước
này theo quy định tại Điều 1 và Điều 2, và thông báo cho các cơ quan hữu quan
ngày bắt đầu có hiệu lực của Công ước.
Điều 4
- Thủ tướng
Chính phủ, Chủ nhiệm Văn phòng Chủ tịch nước chịu trách nhiệm thi hành Quyết định
này.
THE NEW YORK CONVENTIONON THE
RECOGNITION AND ENFORCEMENT OF FOREIGN
ARBITRAL AWARDS
(JUNE 10, 1958)
Article I
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 commercia under the national law of
the State making such declaration.
Article II
1. Each
Contracting State shall recognise an agreement in writing under which the
parties undertake to submit to arbitration all or any differences which have
arison of which may arise between them in respect of a defined legal
relationship, whether contractual or not, concerning a subject-matter capable
of settiement 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 exchangc of letters or
telegrams.
3. The court of a Contracting
State, when seized of an action in a matter in respect of which theo partics
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.
Article
III
Each
Contracting State shall recognise arbitral awards as binding and enforee 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 applics than are imposed on the recognition or enforcement of
domestic arbitral awards.
Article IV
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 of a duly certified copy thercof;
(b) The orginal agreement
referred to in article II or a duly certified copy therof.
2. It the said award or
agreement is not made in an official language of the country in which the award
is relide 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 trasiator or by a
diplomatic or consular agent.
Aricle V
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
authorty 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 agrecment is not valid under the law to which the
parties have subjected it or, failing any indication thercon, under the law of
the country where the award was made; or
(b) The party against whom the
award is invoked was not given roper 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 recognised and enforced; of
(d) The composition of the
arbitral authority or the arbitral procedure was not in aceordance with the
agrcement of the parties, or, failing such agrcement, 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, hat award was
made.
2. Recognition and enforcement
of an arbitral award may also be refused if the competent nority in the country
where recogntion and entorcement is sought finds that:
(a) The subject-matter of the
difference is not capable of settlement by arbitration under the faw of that
country; or
(b) The recognition or
enforcement of the award would be contrary to the public policy of that
conuntry.
Article VI
If an
application for the setting aside or suspension of the award has been made to
competent authority referred to in article V(1) (c), 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.
Article VII
1. The
provisions of the present Convention shall not affect the validity of
multilateral or bilateral agrcements conceming 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 abail himself of an arbitral award
in the manner and to the extem 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.
Article VIII
1. This
Convention shall be open until December 31, 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 specialised agency of the United Nations, or
which is or hereafter becomes a party to the Statute of the Intemational 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.
Article IX
1. The
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 Seeretary-General of the
United Nations.
Article X
1. Any
State may, at the time of signature, rutification or accession, declare that
this Convention shall exted 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 concemed.
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 concemed 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.
Article XI
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 favorable recommendation to the notice of the
appropriate authorities of constituent states or provinces at the carliest
prossible 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.
Article XII
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 cach State ratifying or
acceding to this Convention after the deposit of the thirdinstrument of
ratification or accession, this Convention shall enter into force on the
ninetieth day afier deposit of such State of its instrument of ratification or
accession.
Article
XIII
1. Any
Contracting State may denounce this Convention by a written notification to the
Secretary-General of the United Nations. Denunelauon snan take enect one year
atter 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 thereafier, by
notification to the Secretary-General of the United Nations, declare that this
Convention shall cease to extend to the territory concerned one year atter 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 or
enforcement proceedings have been instituted before the denunciation takes
eficet.
Article XIV
A
Contraciting State shall not be entided to avail itself of the present
Convention against other Contracting States except to the extent that it is
itself bound to apply the Convention.
Article XV
The
Sceretary-General of the United Nations shall notify the States contemplated in
artiele VIII of the following:
(a) Signatures and ratifications
in accordance with article VIII;
(b) Accessions in accordance
with aricle 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) Denuneiations and
notifications in accordance with article XIII.
Article XVI
1. This
Convention, of which the Chinese, English, French, Russian and Spanish texts
shall be equally authentie, 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 XIII.