The New York Convention is a part of United States
 law  pursuant to 
Title 9, section 201 of the United
 States  Code.  The New York Convention is an international treaty
 pursuant  to which arbitration awards made in one country may be enforced
 in another,  as long as both countries adhere to the Convention.  Many
 nations do,  and those that do not often adhere to other treaties providing
 for international  recognition of foreign arbitration awards.  Law
and  practice regarding  the international enforcement of arbitration awards
is  beyond the scope of  this web page, other than that international enforcement
 of arbitration awards  and judgments is usually a very expensive proposition.
  If one believes  that an arbitration award may require international
 enforcement, one should  consult lawyers having skill in this area before
 the arbitration is commenced.
     
         Because court judgments (including court judgments
 after  court annexed arbitration) are often given limited recognition in
foreign  countries, if one is entering into a business transaction where
the possibility  of international enforcement is more than a remote possibility,
serious consideration  should be given to incorporating provisions requiring
arbitration into the  contract, drafted with a mind to how the award will
be enforced in all likely  places where enforcement may be sought.
     
 
    THE NEW YORK CONVENTION
     
       United Nations Convention on the Recognition and Enforcement of Foreign
   Arbitral Awards (New York, 10 June 1958) 
        
       Article I 
        
       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.    
      
       Article II 
     
       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, 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 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. 
        
       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 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.
        
       Article 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 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. 
        
       Article VI 
        
       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. 
        
       Article VII 
        
       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. 
        
       Article VIII 
        
       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. 
        
       Article IX 
        
       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. 
        
       Article X 
        
       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. 
        
       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 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. 
        
       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 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. 
        
       Article XIII 
        
       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. 
        
       Article XIV  
        
       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. 
        
       Article XV 
        
       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. 
 
        
       Article XVI 
        
       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.