CONVENTION ON THE RECOGNITION
AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS1
Ratified by the Presidium of the Bulgarian National
Assembly No.287 dated
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 of 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 terms of the
submission to arbitration, or it contains decisions on matters beyond the scope
of the of the submission, 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 to the other party to give
suitable security.
Article VII
1. The provision
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 19232 and the
Geneva Convention on the Execution of Foreign Arbitral Awards of 19273 shall cease to have effect between Contracting States on
their becoming bound and to the extent that they become bound, by this
Convention.
Article VII
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
constructional 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 pt 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 or enforcement proceedings have been instituted before the
denunciation takes effect.
Article XIV
A Contracting
Stale shall not be entitled to avail itself of the present Convention against
other Contracting Stales 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 Slates 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 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.
1 In accordance with article XII, the Convention
came into force on 7 June 1959, the ninetieth day following the date of deposit
with the Secretary General of the United Nations of the third instrument of
ratification or accession. The following States have deposited their
instruments of ratification or accession (a) on the dates indicated: Israel –
on 5 January 1959; Morocco – on 12 February 1959 (a); United Arab Republic – on
9 March 1959 (a).
2 League of Nations, Treaty Series, Vol.
XXVII, p. 157; Vol. XXXI, p. 260; Vol. XXXV, p. 314; Vol. XXXIX, p. 190; Vol.
XLV, p. 161; Vol. L, p. 161; Vol. LIX, p. 355; Vol. LXIX, p. 79; Vol. LXXII, p.
452; Vol. LXXXIII, p. 393: Vol. LXXXVIII, p. 312; Vol. XCVI, p. 190; Vol. C, p.
211; Vol. CIV, p. 499; Vol. CVII, p. 470; Vol. CXI, p. 403; Vol. CXVIl, p. 55; Vol.
CLVI, p. 185; Vol. CLXXXI, p. 356; Vol. CLXXXV, p.3'72; Vol. CXCIII, p. 268;
and Vol. CC, p. 500; and in United Nations, Treaty Series, Vol. 117, p. 394;
Vol. 261, p. 422, and Vol. 325.
3 League of Nations, Treaty Series, Vol.
XCII, p. 301; Vol. XCVI p. 205; Vol. C, p. 259; Vol. CIV, p. 526; Vol. CVII, p.
528; Vol. CXI, p. 114; Vol. CXVII, p. 303; Vol. CXXX, p. 457; Vol. CLVI, p.
210; Vol. CLXXI, p. 389; Vol. CLXXXV, p. 391 and Vol. CXCIII, p. 269; and
United Nations, Treaty Series, Vol. 122, p. 346; Vol. 134. p. 402; Vol. 269, p.
384, and Vol. 325.
EUROPEAN CONVENTION ON
INTERNATIONAL COMMERCIAL ARBITRATION
Ratified by Decree No. 114
The Undersigned,
Duly Authorized,
CONVENED under the
auspices of the Economic Commission for
HAVING NOTED that
on 10th June 1958 at the United Nations Conference on International Commercial
Arbitration has been signed in New York a Convention on the Recognition and
Enforcement of Foreign Arbitral Awards,
DESIROUS of
promoting the development of European trade by, as far as possible, removing
certain difficulties that may impede the organization and operation of
international commercial arbitration in relations between physical or legal
persons of different European countries, HAVE AGREED on the following
provisions:
Article I
Scope of the Convention
1. This Convention
shall apply:
a. to arbitration
agreements concluded for the purpose of settling disputes arising from
international trade between physical or legal persons having, when concluding
the agreement, their habitual place of residence or their seat in different
Contracting States;
b. to arbitral
procedures and awards based on agreements referred to in paragraph 1 (a) above.
2. For the purpose
of this Convention:
a. the term
"arbitration agreement" shall mean either an arbitral clause in a
contract or an arbitration agreement, the contract or arbitration agreement
being signed by the parties, or contained in an exchange of letters, telegrams,
or in a communication by teleprinter and, in relations between States whose
laws do not require that an arbitration agreement be made in writing, any
arbitration agreement concluded in the form authorized by these laws;
b. the term
"arbitration" shall mean not only settlement by arbitrations
appointed for each case (ad hoc arbitration) but also by permanent arbitral
institutions;
c. the term
"seat" shall mean the place of the situation of the establishment
that has made the arbitration agreement.
Article II
Right of legal persons of public law to resort to
arbitration
1. In the cases
referred to in Article I, paragraph 1, of this Convention, legal persons
considered by the law which is applicable to them as "legal persons of
public law" have the right to conclude valid arbitration agreements.
2. On signing,
ratifying or acceding to this Convention any State shall be entitled to declare
that it limits the above faculty to such conditions as may be stated in its
declaration.
Article III
Right of foreign nationals to be designated as
arbitrators
In arbitration
covered by this Convention, foreign nationals may be designated as arbitrators.
Article IV
Organization of the arbitration
1. The parties to
an arbitration agreement shall be free to submit their disputes:
a. to a permanent
arbitral institution; in this case, the arbitration proceedings shall be held
in conformity with the rules of the said institution;
b. to an ad hoc arbitral procedure; in this case,
they shall be free inter alia
(i) to appoint
arbitrators or to establish means for their appointment in the event of an
actual dispute;
(ii) to determine
the place of arbitration; and
(iii) to lay down
the procedure to be followed by the arbitrators.
2. Where the
parties have agreed to submit any disputes to an ad hoc arbitration, and where
within thirty days of the notification of the request for arbitration to the
respondent one of the parties fails to appoint his arbitrator, the latter
shall, unless otherwise provided, be appointed at the request of the other
party by the President of the competent Chamber of Commerce of the country of
the defaulting party's habitual place of residence or seat at the time of the
introduction of the request for arbitration. This paragraph shall also apply to
the replacement of the arbitrator(s) appointed by one of the parties or by the
President of the Chamber of Commerce above referred to.
3. Where the
parties have agreed to submit any disputes to an ad hoc arbitration by one or
more arbitrators and the arbitration agreement contains no indication regarding
the organization of the arbitration, as mentioned in paragraph 1 of this
article, the necessary steps shall be taken by the arbitrators already
appointed, unless the parties are able to agree thereon and without prejudice
to the case referred to in paragraph 2 above. Where the parties cannot agree on
the appointment of the sole arbitrator or where the arbitrators appointed
cannot agree on the measures to be taken, the claimant shall apply for the
necessary action, where the place of arbitration has been agreed upon by the
parties, at his option to the President of the Chamber of Commerce of the place
of arbitration agreed upon or to the President of the competent Chamber of
Commerce of the respondent's habitual place of residence or seat at the time of
the introduction of the request for arbitration. Where such a place has not
been agreed upon, the claimant shall be entitled at his option to apply for the
necessary action either to the President of the competent Chamber of Commerce
of the country of the respondent's habitual place of residence or seat at the
time of the introduction of the request for arbitration, or to the Special
Committee whose composition and procedure are specified in the Annex to this
Convention. Where the claimant fails to exercise the rights given to him under
this paragraph the respondent or the arbitrator(s) shall be entitled to do so.
4. When seized of
a request the President or the Special Committee shall be entitled as need be:
a. to appoint the
sole arbitrator, presiding arbitrator, umpire, or referee;
b. to replace the
arbitrators) appointed under any procedure other than that referred to in
paragraph 2 above;
c. to determine
the place of arbitration, provided that the arbitrators) may Fix another place
of arbitration;
d. to establish
directly or by reference to the rules and statutes of a permanent arbitral
institution the rules of procedure to be followed by the arbitrators), provided
that the arbitrators have not established these rules themselves in the absence
of any agreement thereon between the parties.
5. Where the
parties have agreed to submit their disputes to a permanent arbitral
institution without determining the institution in question and cannot agree
thereon, the claimant may request the determination of such institution in
conformity with the procedure referred to in paragraph 3 above.
6. Where the
arbitration agreement does not specify the mode of arbitration (arbitration by
a permanent arbitral institution or an a d hoc arbitration) to which the
parties have agreed to submit their dispute, and where the parties cannot agree
thereon, the claimant shall be entitled to have recourse in this case to the
procedure referred to in paragraph 3 above to determine the question. The
President of the competent Chamber of Commerce or the Special Committee shall
be entitled either to refer the parties to a permanent arbitral institution or
to request the parties to appoint their arbitrators within such time-limits as
the President of the competent Chamber of Commerce or the Special Committee may
have fixed and to agree within such time-limits on the necessary measures for
the functioning of the arbitration. In the latter case, the provisions of
paragraphs 2, 3 and 4 of this Article shall apply.
7. Where within a
period of sixty days from the moment when he was requested to fulfill one of
the functions set out in paragraphs 2,3,4,5 and 6 of this Article, the President
of the Chamber of Commerce designated by virtue of these paragraphs has not
fulfilled one of these functions, the party requesting shall be entitled to ask
the Special Committee to do so.
Article V
Pleas to arbitral jurisdiction
1. The party which
intends to raise a plea as to the arbitrator's jurisdiction based on the fact
that the arbitration agreement was either non-existent or null and void or had
lapsed shall do so during the arbitration proceedings, not later than the
delivery of its statement of claim defence relating to the substance of the
dispute; those based on the fact that an arbitrator has exceeded his terms of
reference shall be raised during the arbitration proceedings as soon as the
question on which the arbitrator is alleged to have no jurisdiction is raised
during the arbitral procedure. Where the delay in raising the plea is due to a
cause which the arbitrator deems justified, the arbitrator shall declare the
plea admissible.
2. Pleas to the
jurisdiction referred to in paragraph 1 above that have not been raised during
the time-limits there referred to, may not be entered either during a
subsequent stage of the arbitral proceedings they are pleas left to the sole
discretion of the parties under the law applicable by the arbitrator, or during
subsequent court proceedings concerning the substance or the enforcement of the
award where such pleas are left to the discretion of the parties under the rule
of conflict of the court seized of the substance of the dispute or the
enforcement of the award. The arbitrator's decision on the delay in raising the
plea, will, however, be subject to judicial control.
3. Subject to any
subsequent judicial control provided for under the lex fori, the arbitrator whose jurisdiction is called in question
shall be entitled to proceed with the arbitration, to rule on his own
jurisdiction and to decide upon existence or the validity of the arbitration
agreement or of the contract of which the agreement forms part.
Article VI
Jurisdiction of courts of law
1. A plea as to
the jurisdiction of the court made before the court seized by either party to
the arbitration agreement, on the basis of the fact that arbitration agreement
exists shall, under penalty of estoppel, be presented by the respondent before
or at the same time as the presentation of his substantial defence, depending
upon whether the law of the court seized regards this plea as one of procedure
or of substance.
2. In taking a
decision concerning the existence or the validity of an arbitration agreement,
courts of Contracting States shall examine the validity of such agreement with
reference to the capacity of the parties, under the law applicable to them, and
with reference to other questions:
a. under the law
to which the parties have subjected their arbitration agreement;
b. failing any
indication thereon, under the law of the country in which the award is to be
made;
c. failing any
indication as to the law to which the parties have subjected the agreement, and
where at the time when the question is raised in court the country in which the
award is to be made cannot be determined, under the competent law by virtue of
the rules of conflict of the court seized of the dispute.
The courts may
also refuse recognition of the arbitration agreement if under the law of their
country the dispute is; not capable of settlement by arbitration.
3. Where either
party to an arbitration agreement has initiated arbitration proceedings before
any resort is had to a court, courts of Contracting States subsequently asked
to deal with the same subject-matter between the same parties or with the
question whether the arbitration agreement was non-existent or null and void or
had lapsed, shall stay their ruling on the arbitrator's jurisdiction until the
arbitral award is made, unless they have good and substantial reasons to the
contrary.
4. A request for
interim measures or conservation addressed to a judicial authority shall not be
deemed incompatible with the arbitration agreement, or regarded as a submission
of the substance of the case to the court.
Article VII
Applicable law
1. The parties
shall be free to determine, by agreement, the law to be applied by the
arbitrators to the substance of the dispute. Failing any indication by the
parties as to the applicable, law, the arbitrators shall apply the proper law
under the rule of conflict that the arbitrators deem applicable. In both cases
the arbitrators shall take account of the terms of the contract and trade
usages.
2. The arbitrators
shall act as amiables compositeurs if
the parties so decide and if they may so under the law applicable to the
arbitration.
Article VIII
Reasons for the award
The parties shall
be presumed to have agreed that reasons shall be given for the award unless
they
a. either
expressly declare that reasons shall not be given; or
b. have assented
to an arbitral procedure under which it is not customary to give reasons for
awards, provided that in this case neither party requests before the end of the
hearing, or if there has not been a hearing then before the making of the
award. that reasons be given.
Article IX
Setting aside of the arbitral award
1. The setting
aside in a Contracting State of an arbitral award covered by this Convention
shall only constitute a ground for the refusal of recognition or enforcement in
another Contracting State where such setting aside took place in a State in
which, or under the law of which, the award has been made for one of the
following reasons:
a. the parties to
the arbitration agreement 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
requesting the setting aside of the award was not given proper notice of the
appointment of the arbitrator or of the arbitration proceedings or was
otherwise unable to pre-sent 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
need not be set aside; 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, with the provisions of Article IV of this Convention.
2. In relation
between Contracting States that are also parties to the New York Convention on
the Recognition and Enforcement of Foreign Arbitral Awards of 10th June 1958,
paragraph 1 of this Article limits the application of Article V (1) (e) of the
New York Convention solely to the cases of setting aside set out under
paragraph 1 above.
Article X
Final clauses
1. This Convention
is open for signature or accession by countries members of the Economic
Commission for Europe and countries admitted to the Commission in a
consultative capacity under paragraph 8 of the Commission’s terms of reference.
2. Such countries
as may participate in certain activities of the Economic Commission for Europe
in accordance with paragraph 11 of the Commission’s term of reference may
become Contracting Parties to this Convention by acceding thereto after its
entry into force.
3. The Convention
shall be open for signature until 31 December 1961 inclusive. Thereafter, it
shall be open for accession.
4. This Convention
shall be ratified.
5. Ratification or
accession shall be effected by the deposit of an instrument with the
Secretary-General of the United Nations.
6. When signing,
ratifying or acceding to this Convention, the Contracting Parties shall communicate
to the Secretary-General of the United Nations a list of the Chambers of
Commerce or other institutions in their country who will exercise the functions
conferred by virtue of Article IV of this Convention on Presidents of the
competent Chambers of Commerce.
7. The provisions
of the present Convention shall not affect the validity of multilateral or
bilateral agreements concerning arbitration entered into by Contracting States.
8. This Convention
shall come into force on the ninetieth day after five of the countries referred
to in paragraph 1 above have deposited their instruments of ratification or
accession. For any country ratifying or acceding to it later this Convention
shall enter into force on the ninetieth day after the said country has deposited
its instrument of ratification or accession.
9. Any Contracting
Party may denounce this Convention by so notifying the Secretary-General of the
United Nations. Denunciation shall take effect twelve months after the date of
receipt by the Secretary-General of the notification of denunciation.
10. If, after the
entry into force of this Convention, the number Contracting Parties is reduced,
as a result of denunciations, less than five, the Convention shall cease to be
in force from 3 date on which the last of such denunciations takes effect.
11. The
Secretary-General of the United Nations shall notify e countries referred to in
paragraph 1, and the countries which have become Contracting Parties under
paragraph 2 above, of
a. declarations
made under Article II, paragraph 2;
b. ratifications
and accessions under paragraphs 1 and 2 above;
c. communications
received in pursuance of paragraph 6 love;
d. the dates of
entry into force of this Convention in accordance with paragraph 8 above;
e. denunciations
under paragraph 9 above;
f. the termination
of this Convention in accordance with paragraph 10 above.
12. After 31
December 1961, the original of this Convention hall be deposited with the
Secretary-General of the United Nations, who shall transmit certified true
copies to each of the countries mentioned in paragraphs 1 and 2 above.
IN WITNESS WHEREOF
the undersigned, being duly authorized thereto, have signed this Convention.
DONE at Geneva,
this twenty-first day of April, one thou-sand nine hundred and sixty-one, in a
single copy in the English, French, and Russian languages, each text being
equally authentic.
ANNEX
Composition and procedure of the Special Committee
referred to in Article IV of the Convention
1. The Special Committee referred to in Article IV of
the Convention shall consist of two regular members and a Chairman. One of the
regular members shall be elected by the Chambers of Commerce or other
institutions designated, under Article X, paragraph 6, of the Convention, by
States in which at the time when the Convention is open to signature National
Committee of the International Chamber of Commerce exist, and which at the time
of the election are parties to the Convention. The other member shall be
elected by the Chambers of Commerce or other institutions designated, under
Article X, paragraph 6, or the Convention, by States in which at the time when
the Convention is open to signature no National Committees of the International
Chamber of Commerce exist and which at the time of the election are parties to
the Convention.
2. The persons who
are to act as Chairman of the Special Committee pursuant to paragraph 7 of this
Annex shall also be elected in like manner by the Chambers of Commerce or other
institutions referred to in paragraph 1 of this Annex.
3. The Chambers of
Commerce or other institutions referred to in paragraph 1 of this Annex shall
elect alternates at the same time and in the same manner as they elect the
Chairman and other regular members, in case of the temporary inability of the
Chairman or regular members to act. In the event of the permanent inability to
act or of the resignation of a Chairman or of a regular member, then the
alternate elected to replace him shall become, as the case may be, the Chairman
or regular member, and the group of Chambers of Commerce or other institutions
which had elected the alternate who has become Chairman or regular member shall
elect another alternate.
4. The first
elections to the Committee shall be held within ninety days from the date of
the deposit of the fifth instrument of ratification or accession. Chambers of
Commerce and other institutions designed by Signatory States who are not yet
parties to the Convention shall also be entitled to take part in these
elections. If however it should not be possible to hold elections within the
prescribed period, the entry into force of paragraphs 3 to 7 of Article IV of
the Convention shall be postponed until elections are held as provided for
above.
5. Subject to the
provisions of paragraph 7 below, the members of the Special Committee shall be
elected for a term of four years. New elections shall be held within the first
six months of the fourth year following the previous elections. Nevertheless,
if a new procedure for the election of the members of the Special Committee has
not produced results, the members previously elected shall continue to exercise
their functions until the election of new members.
6. The results of
the elections of the members of the Special Committee shall he communicated to
the Secretary-General of the United Nations who shall notify the States
referred to in Article X, paragraph 1, of this Convention and the States which
have become Contracting Parties under Article X, paragraph 2. The
Secretary-General shall likewise notify the said States of any postponement and
of the entry into force of paragraph 3 to 7 of Article IV of the Convention in
pursuance of paragraph 4 of this Annex.
7. The persons
elected to the office of Chairman shall exercise their functions in rotation,
each during a period of two years. The question which of these two persons
shall act as Chairman during the first two-year period after the entry into
force of the Convention shall be decided by the drawing of lots. The office of
Chairman shall thereafter be vested, for each successive two-year period, in
the person elected Chairman by the group of countries other than that by which
the Chairman exercising his functions during the immediately preceding two-year
period was elected.
8. The reference
to the Special Committee of one of the requests referred to in paragraphs 3 to
7 of the aforesaid Article IV shall be addressed to the Executive Secretary of
the Economic Commission for
9. If the two members of the Special Committee applied u. by the Executive Secretary are unable to agree on a ruling by correspondence, the Executive Secretary of the Economic Commission for Europe shall convene a meeting of the said Committee at Geneva in an attempt to secure a unanimous decision on tile-request. In the absence of unanimity, the Committee's decision shall be given by a majority vote and shall be communicated by the Executive Secretary to the person who made the request.
10. The expenses connected with the Special Committee's action shall be advanced by the person requesting such action but shall be considered as costs in the cause.