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正文
Article 1
An agreement in which the parties undertake to submit to arbitral decision any differences that may arise or have arisen between them with respect to a commercial transaction is valid. The agreement shall be set forth in an instrument signed by the parties, or in the form of an exchange of letters, telegrams, or telex communications.
An agreement in which the parties undertake to submit to arbitral decision any differences that may arise or have arisen between them with respect to a commercial transaction is valid. The agreement shall be set forth in an instrument signed by the parties, or in the form of an exchange of letters, telegrams, or telex communications.
Article 4
An arbitral decision or award that is not appealable under the applicable law or procedural rules shall have the force of a final judicial judgment. Its execution or recognition may be ordered in the same manner as that of decisions handed down by national or foreign ordinary courts, in accordance with the procedural laws of the country where it is to be executed and the provisions of international treaties.
An arbitral decision or award that is not appealable under the applicable law or procedural rules shall have the force of a final judicial judgment. Its execution or recognition may be ordered in the same manner as that of decisions handed down by national or foreign ordinary courts, in accordance with the procedural laws of the country where it is to be executed and the provisions of international treaties.
Article 5
1. The recognition and execution of the decision may be refused, at the request of the party against which it is made, only if such party is able to prove to the competent authority of the State in which recognition and execution are requested:
a. That the parties to the agreement were subject to some incapacity under the applicable law or that the agreement is not valid under the law to which the parties have submitted it, or, if such law is not specified under the law of the State in which the decision was made; or
b. That the party against which the arbitral decision has been made was not duly notified of the appointment of the arbitrator or of the arbitration procedure to be followed, or was unable, for any other reason, to present his defense; or
c. That the decision concerns a dispute not envisaged in the agreement between the parties to submit to arbitration; nevertheless, if the provisions of the decision that refer to issues submitted to arbitration can be separated from those not submitted to arbitration, the former may be recognized and executed; or
d. That the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the terms of the agreement signed by the parties or, in the absence of such agreement, that the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the law of the State where the arbitration took place; or
e. That the decision is not yet binding on the parties or has been annulled or suspended by a competent authority of the State in which, or according to the law of which, the decision has been made.
2. The recognition and execution of an arbitral decision may also be refused if the competent authority of the State in which the recognition and execution is requested finds:
a. That the subject of the dispute cannot be settled by arbitration under the law of that State; or
b. That the recognition or execution of the decision would be contrary to the public policy ("ordre public") of that State.
1. The recognition and execution of the decision may be refused, at the request of the party against which it is made, only if such party is able to prove to the competent authority of the State in which recognition and execution are requested:
a. That the parties to the agreement were subject to some incapacity under the applicable law or that the agreement is not valid under the law to which the parties have submitted it, or, if such law is not specified under the law of the State in which the decision was made; or
b. That the party against which the arbitral decision has been made was not duly notified of the appointment of the arbitrator or of the arbitration procedure to be followed, or was unable, for any other reason, to present his defense; or
c. That the decision concerns a dispute not envisaged in the agreement between the parties to submit to arbitration; nevertheless, if the provisions of the decision that refer to issues submitted to arbitration can be separated from those not submitted to arbitration, the former may be recognized and executed; or
d. That the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the terms of the agreement signed by the parties or, in the absence of such agreement, that the constitution of the arbitral tribunal or the arbitration procedure has not been carried out in accordance with the law of the State where the arbitration took place; or
e. That the decision is not yet binding on the parties or has been annulled or suspended by a competent authority of the State in which, or according to the law of which, the decision has been made.
2. The recognition and execution of an arbitral decision may also be refused if the competent authority of the State in which the recognition and execution is requested finds:
a. That the subject of the dispute cannot be settled by arbitration under the law of that State; or
b. That the recognition or execution of the decision would be contrary to the public policy ("ordre public") of that State.
第五條
(一)對于裁決的承認(rèn)和執(zhí)行,依因裁決而受到不利的一方當(dāng)事人的申請,可以拒絕之,但必須該當(dāng)事人能向請求承認(rèn)和執(zhí)行的國家的主管機(jī)關(guān)證明有下列各點(diǎn)之一的情形:
1、協(xié)議雙方當(dāng)事人依所適用的法律是無能力人,或依照當(dāng)事人自愿遵守的法律,協(xié)議是無效的,或者在這種法律未規(guī)定時(shí),依裁決地的國家的法律,協(xié)議是無效的。
2、關(guān)于仲裁員的任命,關(guān)于應(yīng)遵守的仲裁程序,均未及時(shí)通知于因裁決而受到不利的一方當(dāng)事人,或者該當(dāng)事人因其他理由未能出席辯護(hù)。
3、裁決中所涉及的爭議并不是當(dāng)事人間的協(xié)議所規(guī)定的提請仲裁的爭議;但如裁決中關(guān)于提請仲裁的爭點(diǎn)的決定同未提請仲裁的爭點(diǎn)可以分開時(shí),對于前一種爭點(diǎn)的決定,可以予以承認(rèn)和執(zhí)行。
4、仲裁庭的組織或仲裁程序沒有按照當(dāng)事人所簽署的協(xié)議里的規(guī)定辦理,或者在沒有此種協(xié)議時(shí),沒有按照仲裁地的國家的法律辦理。
5、按照裁決地國家的法律,裁決尚未對當(dāng)事人發(fā)生約束力,或者裁決已經(jīng)被裁決地國家的主管機(jī)關(guān)撤銷或停止執(zhí)行。
(二)向之請求承認(rèn)和執(zhí)行仲裁裁決的國家的主管機(jī)關(guān)發(fā)現(xiàn)裁決有下列情形之一者,可以拒絕承認(rèn)和執(zhí)行:
1、依照這個(gè)國家的法律,爭議事件是不能以仲裁解決的;
2、對裁決予以承認(rèn)和執(zhí)行違反這個(gè)國家的公共政策(公共秩序)。
(一)對于裁決的承認(rèn)和執(zhí)行,依因裁決而受到不利的一方當(dāng)事人的申請,可以拒絕之,但必須該當(dāng)事人能向請求承認(rèn)和執(zhí)行的國家的主管機(jī)關(guān)證明有下列各點(diǎn)之一的情形:
1、協(xié)議雙方當(dāng)事人依所適用的法律是無能力人,或依照當(dāng)事人自愿遵守的法律,協(xié)議是無效的,或者在這種法律未規(guī)定時(shí),依裁決地的國家的法律,協(xié)議是無效的。
2、關(guān)于仲裁員的任命,關(guān)于應(yīng)遵守的仲裁程序,均未及時(shí)通知于因裁決而受到不利的一方當(dāng)事人,或者該當(dāng)事人因其他理由未能出席辯護(hù)。
3、裁決中所涉及的爭議并不是當(dāng)事人間的協(xié)議所規(guī)定的提請仲裁的爭議;但如裁決中關(guān)于提請仲裁的爭點(diǎn)的決定同未提請仲裁的爭點(diǎn)可以分開時(shí),對于前一種爭點(diǎn)的決定,可以予以承認(rèn)和執(zhí)行。
4、仲裁庭的組織或仲裁程序沒有按照當(dāng)事人所簽署的協(xié)議里的規(guī)定辦理,或者在沒有此種協(xié)議時(shí),沒有按照仲裁地的國家的法律辦理。
5、按照裁決地國家的法律,裁決尚未對當(dāng)事人發(fā)生約束力,或者裁決已經(jīng)被裁決地國家的主管機(jī)關(guān)撤銷或停止執(zhí)行。
(二)向之請求承認(rèn)和執(zhí)行仲裁裁決的國家的主管機(jī)關(guān)發(fā)現(xiàn)裁決有下列情形之一者,可以拒絕承認(rèn)和執(zhí)行:
1、依照這個(gè)國家的法律,爭議事件是不能以仲裁解決的;
2、對裁決予以承認(rèn)和執(zhí)行違反這個(gè)國家的公共政策(公共秩序)。
Article 6
If the competent authority mentioned in Article 5.1.e has been requested to annul or suspend the arbitral decision, the authority before which such decision is invoked may, if it deems it appropriate, postpone a decision on the execution of the arbitral decision and, at the request of the party requesting execution, may also instruct the other party to provide appropriate guaranties.
If the competent authority mentioned in Article 5.1.e has been requested to annul or suspend the arbitral decision, the authority before which such decision is invoked may, if it deems it appropriate, postpone a decision on the execution of the arbitral decision and, at the request of the party requesting execution, may also instruct the other party to provide appropriate guaranties.
Article 10
1. This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.
2. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
1. This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.
2. For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.
Article 11
1. If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.
2. Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which the Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States, and shall become effective thirty days after the date of their receipt.
1. If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.
2. Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which the Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States, and shall become effective thirty days after the date of their receipt.
Article 12
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.
Article 13
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States. The Secretariat shall notify the Member States of the Organization of American States and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession, and denunciation as well as of reservations, if any. It shall also transmit the declarations referred to in Article 11 of this Convention.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
DONE AT PANAMA CITY, Republic of Panama, this thirtieth day of January one thousand nine hundred and seventy-five.
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States. The Secretariat shall notify the Member States of the Organization of American States and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession, and denunciation as well as of reservations, if any. It shall also transmit the declarations referred to in Article 11 of this Convention.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Convention.
DONE AT PANAMA CITY, Republic of Panama, this thirtieth day of January one thousand nine hundred and seventy-five.
