1958纽约公约中英文版.docx

1、1958纽约公约中英文版1958纽约公约（中英文）Convention onthe Recognition and Enforcement of Foreign Arbitral AwardsDone at New York, 10 June 1958; entered into force, 7 June 1959(United Nations, Treaty Series, vol. 330, p. 38, No. 4739)承认及执行外国仲裁裁决公约 (1958年6月10日订于纽约)Article I第一条1. This Convention shall apply to the rec

2、ognition 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 domes

3、tic awards in the State where their recognition and enforcement are sought.一、仲裁裁决，因自然人或法人间之争议而产生且在声请承认及执行地所在国以外之国家领土内作成者，其承认及执行适用本公约。本公约对于仲裁裁决经声请承认及执行地所在国认为非内国裁决者，亦适用之。2. The term arbitral awards shall include not only awards made by arbitrators appointed for each case but also those made by permane

4、nt arbitral bodies to which the parties have submitted.二、“仲裁裁决”一词不仅指专案选派之仲裁员所作裁决，亦指当事人提请仲裁之常设仲裁机关所作裁决。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 r

5、ecognition 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 Sta

6、te making such declaration.三、任何国家得于签署、批准或加入本公约时，或于本公约第十条通知推广适用时，本着互惠原则声明该国适用本公约，以承认及执行在另一缔约国领土内作成之裁决为限。任何国家亦得声明，该国唯于争议起于法律关系，不论其为契约性质与否，而依提出声明国家之国内法认为系属商事关系者，始适用本公约。Article II第二条1. Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitrati

7、on 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.一、当事人以书面协定承允彼此间所发生或可能发生之一切或任何争议，如关涉可以仲裁解决事项之确定法律关系，不论为契约性质与否，应提交仲裁时，各缔约国应承认此项协定。2. The

8、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.二、称“书面协定”者，谓当事人所签订或在互换函电中所载明之契约仲裁条款或仲裁协定。3. The court of a Contracting State, when seized of an action in a matter in respec

9、t 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.三、当事人就诉讼事项订有本条所称之协定者，缔约国法院受理诉讼时应依当事人一

10、造之请求，命当事人提交仲裁，但前述协定经法院认定无效、失效或不能实行者不在此限。Article III第三条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 no

11、t 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.各缔约国应承认仲裁裁决具有拘束力，并依援引裁决地之程序规则及下列各条所载条件执行之。承认或执行适用本公约之仲裁裁决时

12、，不得较承认或执行内国仲裁裁决附加过苛之条件或征收过多之费用。Article IV第四条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:一、声请承认及执行之一造，为取得前条所称之承认及执行，应于声请时提具：(a) The duly authenticated original award o

13、r a duly certified copy thereof;(甲)原裁决之正本或其正式副本，(b) The original agreement referred to in article II or a duly certified copy thereof.(乙)第二条所称协定之原本或其正式副本。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 rec

14、ognition 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.二、倘前述裁决或协定所用文字非为援引裁决地所在国之正式文字，声请承认及执行裁决之一造应备具各该文件之此项文字译本。译本应由公设或宣誓之翻译员或外交或领事人员认证之。Articl

15、e V第五条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:一、裁决唯有于受裁决援用之一造向声请承认及执行地之主管机关提具证据证明有下列情形之一时，始得依该造之请求，拒予承认及执行：(

16、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;

17、or(甲)第二条所称协定之当事人依对其适用之法律有某种无行为能力情形者，或该项协定依当事人作为协定准据之法律系属无效，或未指明以何法律为准时，依裁决地所在国法律系属无效者;(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(乙)受裁决援用之一造未接获关于指派仲裁

18、员或仲裁程序之适当通知，或因他故，致未能申辩者;(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 arbitrati

19、on 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(丙)裁决所处理之争议非为交付仲裁之标的或不在其条款之列，或裁决载有关于交付仲裁范围以外事项之决定者，但交付仲裁事项之决定可与未交付仲裁之事项划分时，裁决中关于交付仲裁事项之决定部分得予承认及执行;(d) The composition of the arbitra

20、l 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(丁)仲裁机关之组成或仲裁程序与各造间之协议不符，或无协议而与仲裁地所在国法律不符者;(e) The award has not yet become binding on the

21、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.(戊)裁决对各造尚无拘束力，或业经裁决地所在国或裁决所依据法律之国家之主管机关撤销或停止执行者。2. Recognition and enforcement of an arbitral award may also be refused if the competent authority in the count

22、ry where recognition and enforcement is sought finds that:二、倘声请承认及执行地所在国之主管机关认定有下列情形之一，亦得拒不承认及执行仲裁裁决：(a) The subject matter of the difference is not capable of settlement by arbitration under the law of that country; or(甲)依该国法律，争议事项系不能以仲裁解决者;(b) The recognition or enforcement of the award would be c

23、ontrary to the public policy of that country.(乙)承认或执行裁决有违该国公共政策者。Article VI第六条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 consider

24、s 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.倘裁决业经向第五条第一项(戊)款所称之主管机关声请撤销或停止执行，受理援引裁决案件之机关得于其认为适当时延缓关于执行裁决之决定，并得依请求执行一造之声请，命他造提供妥适之担保。Article VII第七条1.

25、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 arbitra

26、l 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.一、本公约之规定不影响缔约国间所订关于承认及执行仲裁裁决之多边或双边协定之效力，亦不剥夺任何利害关系人可依援引裁决地所在国之法律或条约所认许之方式，在其许可范围内，援用仲裁裁决之任何权利。2. The Geneva Protocol on Arbitration Clauses of 1923 and the Geneva Co

27、nvention 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.二、1923年日内瓦仲裁条款议定书及1927年日内瓦执行外国仲裁裁决公约在缔约国间，于其受本公约拘束后，在其受拘束之范围内不再生效。Article VIII第八条1. This Convention

28、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

29、Court of Justice, or any other State to which an invitation has been addressed by the General Assembly of the United Nations.一、本公约在1958年12月31日以前听由任何联合国会员国及现为或嗣后成为任何联合国专门机关会员国或国际法院规约当事国之任何其他国家，或经联合国大会邀请之任何其他国家签署。2. This Convention shall be ratified and the instruments of ratification shall be deposit

30、ed with the Secretary-General of the United Nations.二、本公约应予批准。批准文件应送交联合国秘书长存放。Article IX第九条1. This Convention shall be open for accession to all States referred to in article VIII.一、本公约听由第八条所称各国加入。2. Accession shall be effected by the deposit of an instrument of accession with the Secretary-General

31、of the United Nations.二、加入应以加入文件送交联合国秘书长存放为之。Article X第十条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

32、when the Convention enters into force for the State concerned.一、任何国家得于签署、批准或加入时声明将本公约推广适用于由其负责国际关系之一切或任何领土。此项声明于本公约对关系国家生效时发生效力。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