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The Arbitration (Foreign Awards) Order 1984

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Statutory Instruments

1984 No. 1168

ARBITRATION

The Arbitration (Foreign Awards) Order 1984

Made

31st July 1984

Coming into Operation

1st August 1984

At the Court at Buckingham Palace the 31st day of July 1984

Present,

The Queen's Most Excellent Majesty in Council

Whereas a Convention on the Execution of Foreign Arbitral Awards (hereinafter called “the Geneva Convention”) (1) was, on 26th September 1927, signed at Geneva on behalf of His Late Majesty King George the Fifth:

And whereas it is provided by section 35(1) of the Arbitration Act 1950 that Part II of that Act (which provides for the enforcement of certain foreign awards under the Geneva Convention ) applies to any award made after 28th July 1924—

(a)

in pursuance of an agreement for arbitration to which the Protocol set out in the First Schedule to that Act applies; and

(b)

between persons of whom one is subject to the jurisdiction of some one of such Powers as Her Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be parties to the Geneva Convention, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid; and

(c)

in one of such territories as Her Majesty, being satisfied that reciprocal provisions have been made, may by Order in Council declare to be territories to which the Geneva Convention applies:

And whereas Her Majesty is satisfied that reciprocal provisions have been made:

And whereas a Convention on the Recognition and Enforcement of Foreign Arbitral Awards (hereinafter called “the New York Convention”) (2) adopted on 10th June 1958 entered into force for the United Kingdom of Great Britain and Northern Ireland on 23rd December 1975:

And whereas it is provided by section 7(2) of the Arbitration Act 1975(which Act provides for the enforcement of foreign awards under the New York Convention ) that if Her Majesty by Order in Council declares that any State specified in the Order is a party to the New York Convention the Order shall, while in force, be conclusive evidence that that State is a party to that Convention:

Now, therefore, Her Majesty, by and with the advice of Her Privy Council, in pursuance of the powers conferred upon Her by section 35(1) and (2) of the Arbitration Act 1950 and section 7(2) and (3) of the Arbitration Act 1975, and of all other powers enabling Her in that behalf, is pleased to declare, and it is hereby declared, as follows:

Citation and commencement

1.  This Order may be cited as the Arbitration (Foreign Awards) Order 1984 and shall come into operation on 1st August 1984.

Geneva Convention States

2.—(1) The Powers listed in Column 1 of Schedule 1 to this Order are parties to the Geneva Convention.

(2) The territories specified in Column 2 of the said Schedule are territories to which the Geneva Convention applies.

New York Convention States

3.  The States listed in Schedule 2 to this Order are parties to the New York Convention .

Revocation

4.  The Arbitration (Foreign Awards) Order 1978 and the Arbitration (Foreign Awards) Order 1979 are hereby revoked.

N.E. Leigh

Clerk of the Privy Council

SCHEDULE 1GENEVA CONVENTION STATES

Column 1Column 2
Powers party to the Geneva ConventionTerritories to which the Geneva Convention applies
The United Kingdom of Great Britain and Northern IrelandThe United Kingdom of Great Britain and Northern Ireland
Anguilla
British Virgin Islands
Cayman Islands
Falkland Islands
Falkland Islands Dependencies
Gibraltar
Hong Kong
Montserrat
Turks and Caicos Islands
Antigua and BarbudaAntigua and Barbuda
AustriaAustria
BahamasBahamas
BangladeshBangladesh
BelgiumBelgium
BelizeBelize
Czechoslovakia Czechoslovakia
DenmarkDenmark
DominicaDominica
Finland Finland
FranceFrance
Federal Republic of GermanyFederal Republic of Germany
German Democratic RepublicGerman Democratic Republic
Greece Greece
GrenadaGrenada
GuyanaGuyana
IndiaIndia
Republic of IrelandRepublic of Ireland
IsraelIsrael
Italy Italy
JapanJapan
Kenya Kenya
LuxembourgLuxembourg
MaltaMalta
Mauritius Mauritius
NetherlandsNetherlands (including Curacao)
New Zealand New Zealand
PakistanPakistan
PortugalPortugal
RomaniaRomania
Saint Christopher and NevisSaint Christopher and Nevis
St. LuciaSt. Lucia
Spain Spain
SwedenSweden
SwitzerlandSwitzerland
Tanzania Tanzania
ThailandThailand
Western SamoaWestern Samoa
YugoslaviaYugoslavia
Zambia Zambia

SCHEDULE 2NEW YORK CONVENTION STATES

  • Australia (including all the external territories for the international relations of which Australia is responsible)

  • Austria

  • Belgium

  • Belize

  • Benin

  • Botswana

  • Bulgaria

  • Byelorussian Soviet Socialist Republic

  • Cambodia

  • Central African Republic

  • Chile

  • Colombia

  • Cuba

  • Cyprus

  • Czechoslovakia

  • Denmark (including Greenland and the Faroe Islands)

  • Djibouti

  • Ecuador

  • Egypt

  • Finland

  • France (including all the territories of the French Republic)

  • Federal Republic of Germany

  • German Democratic Republic

  • Ghana

  • Greece

  • Guatemala

  • Haiti

  • Holy See

  • Hungary

  • India

  • Indonesia

  • Republic of Ireland

  • Israel

  • Italy

  • Japan

  • Jordan

  • Korea

  • Kuwait

  • Luxembourg

  • Madagascar

  • Mexico

  • Monaco

  • Morocco

  • Netherlands (including the Netherlands Antilles)

  • New Zealand

  • Niger

  • Nigeria

  • Norway

  • Philippines

  • Poland

  • Romania

  • San Marino

  • South Africa

  • Spain

  • Sri Lanka

  • Sweden

  • Switzerland

  • Syria

  • Tanzania

  • Thailand

  • Trinidad and Tobago

  • Tunisia

  • Ukrainian Soviet Socialist Republic

  • Union of Soviet Socialist Republics

  • United States of America (including all the territories for the international relations of which the United States of America is responsible)

  • Uruguay

  • Yugoslavia

EXPLANATORY NOTE

This Order specifies (in Schedule 1) States which are parties to the 1927 Geneva Convention on the Execution of Foreign Arbitral Awards (“the Geneva Convention ”), and which have satisfied Her Majesty that they have made reciprocal provisions. Arbitral awards made in such States are enforceable in the United Kingdom under Part II of the Arbitration Act 1950 , except, where the State in question is also a New York Convention State, in so far as the award is enforceable under the Arbitration Act 1975.

The Order also specifies (in Schedule 2) States which are parties to the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“the New York Convention”). Arbitral awards made in such States are enforceable in the United Kingdom under the Arbitration Act 1975.

The Order replaces the Arbitration (Foreign Awards) Order 1978 and the Arbitration (Foreign Awards) Order 1979, which are revoked. The two Schedules have been revised to take account of the accession of certain States to the two Conventions and to take account of the independence of certain States which were formerly territories for whose international relations another State was responsible.

The States now added as being parties to the Geneva Convention are: Antigua and Barbuda; Bahamas; Bangladesh; Belize; Dominica; Guyana; Malta; Saint Christopher and Nevis; St. Lucia; Western Samoa and Zambia. In respect of the New York Convention the additional States are: Belize; Byelorussian Soviet Socialist Republic; Colombia; Djibouti; Guatemala; Haiti; Jordan; Luxembourg; New Zealand; San Marino; Ukrainian Soviet Socialist Republic; Uruguay; and Yugoslavia.

(1)

Schedule 2 to the Arbitration Act 1950 (c.27).

(2)

Cmnd. 6419.

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