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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Arbitration (Foreign Awards) Order 1984 No. 1168 URL: http://www.bailii.org/uk/legis/num_reg/1984/uksi_19841168_en.html |
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Statutory Instruments
ARBITRATION
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
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-
in pursuance of an agreement for arbitration to which the Protocol set out in the First Schedule to that Act applies; and
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
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 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:
1. This Order may be cited as the Arbitration (Foreign Awards) Order 1984 and shall come into operation on 1st August 1984.
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.
3. The States listed in Schedule 2 to this Order are parties to the New York Convention .
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
| Column 1 | Column 2 |
|---|---|
| Powers party to the Geneva Convention | Territories to which the Geneva Convention applies |
| The United Kingdom of Great Britain and Northern Ireland | The 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 Barbuda | Antigua and Barbuda |
| Austria | Austria |
| Bahamas | Bahamas |
| Bangladesh | Bangladesh |
| Belgium | Belgium |
| Belize | Belize |
| Czechoslovakia | Czechoslovakia |
| Denmark | Denmark |
| Dominica | Dominica |
| Finland | Finland |
| France | France |
| Federal Republic of Germany | Federal Republic of Germany |
| German Democratic Republic | German Democratic Republic |
| Greece | Greece |
| Grenada | Grenada |
| Guyana | Guyana |
| India | India |
| Republic of Ireland | Republic of Ireland |
| Israel | Israel |
| Italy | Italy |
| Japan | Japan |
| Kenya | Kenya |
| Luxembourg | Luxembourg |
| Malta | Malta |
| Mauritius | Mauritius |
| Netherlands | Netherlands (including Curacao) |
| New Zealand | New Zealand |
| Pakistan | Pakistan |
| Portugal | Portugal |
| Romania | Romania |
| Saint Christopher and Nevis | Saint Christopher and Nevis |
| St. Lucia | St. Lucia |
| Spain | Spain |
| Sweden | Sweden |
| Switzerland | Switzerland |
| Tanzania | Tanzania |
| Thailand | Thailand |
| Western Samoa | Western Samoa |
| Yugoslavia | Yugoslavia |
| Zambia | Zambia |
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
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.
Schedule 2 to the Arbitration Act 1950 (c.27).
Cmnd. 6419.
