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1980 ARBITRATION ACT, 1980 ARRANGEMENT

SECTIONS PART I Preliminary and General Section

1. Short title and collective citation.
2. Definitions.
3. Commencement.
4. Repeal. PART II Effect

Arbitration Agreement on Court Proceedings 5. Staying court proceedings where party proves arbitration agreement. PART III Enforcement

New York Convention Awards

1. Interpretation (Part III).
2. Effect

awards.

1. Evidence.
2. Refusal

enforcement. 10. Non-application

Part V

Principal Act. 11. Saving for other rights. PART IV Enforcement

Washington Convention Awards

1. Interpretation (Part IV).
2. Approval

acceptance.

1. Government contribution under Washington Convention and expenses.
2. Application

Principal Act and other enactments. 16. Enforcement

precuniary obligations imposed by award. 17. Power

High Court to stay enforcement. FIRST SCHEDULE Convention on the Recognition and Enforcement

Foreign Arbitral Awards SECOND SCHEDULE Convention on the Settlement

Investment Disputes between States and Nationals

Other States Number 7

1980 ARBITRATION ACT, 1980 AN ACT TO ENABLE EFFECT TO BE GIVEN TO THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT

FOREIGN ARBITRAL AWARDS DONE AT NEW YORK ON THE 10th DAY

JUNE, 1958, AND TO CERTAIN PROVISIONS

THE CONVENTION ON THE SETTLEMENT

INVESTMENT DISPUTES BETWEEN STATES AND NATIONALS

OTHER STATES OPENED FOR SIGNATURE IN WASHINGTON ON THE 18th DAY

MARCH, 1965, AND OTHERWISE TO AMEND THE ARBITRATION ACT, 1954 . [4th June, 1980] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: PART I Preliminary and General Short title and collective citation. 1.—

letters or telegrams) to submit to arbitration present or future differences capable

settlement by arbitration; “the Principal Act” means the Arbitration Act, 1954 . Commencement. 3.— Parts III and IV

this Act shall come into operation on such day or days as the Minister for Justice may by order appoint. Repeal. 4.—Section 12

the Principal Act is hereby repealed. PART II Effect

Arbitration Agreement on Court Proceedings Staying court proceedings where party proves arbitration agreement. 5.—

any matter agreed to be referred to arbitration, any party to the proceedings may at any time after an appearance has been entered, and before delivering any pleadings or taking any other steps in the proceedings, apply to the court to stay the proceedings, and the court, unless it is satisfied that the arbitration agreement is null and void, inoperative or incapable

being performed or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.

the Principal Act to refuse to stay any action brought in breach

an arbitration agreement. PART III Enforcement

New York Convention Awards Interpretation (Part III). 6.—

this Act— “award” means an award (other than an award within the meaning

Part IV

this Act) made in pursuance

an arbitration agreement in the territory

a state, other than the State, which is a party to the New York Convention; “the New York Convention” means the Convention on the Recognition and Enforcement

Foreign Arbitral Awards done at New York on the 10th day

June, 1958, which Convention is set out in the First Schedule to this Act.

awards. 7.—

this Part, be enforceable either by action or in the same manner as the award

an arbitrator is enforceable by virtue

section 41

the Principal Act.

those persons by way

defence, set

f or otherwise in any legal proceedings in the State, and any reference in this Part to the enforcement

an award shall be construed as including a reference to the reliance on such an award. Evidence. 8.—Any person who seeks to enforce an award shall produce— (a) the duly authenticated original award or a duly certified copy

that award, and (b) the original arbitration agreement or a duly certified copy

that agreement, and (c) in any case where the award or the arbitration agreement is in a language other than one

the

ficial languages

the State, a translation

the award or the agreement, as the case may be, certified by an

ficial or sworn translator or by a diplomatic or consular agent. Refusal

enforcement. 9.—

an award shall not be refused otherwise than pursuant to the subsequent provisions

this section.

an award may be refused if the person against whom it is invoked proves that— (

1. a)a party to the arbitration agreement was (under the law applicable to him) under some incapacity, or (
2. b)the arbitration agreement was not valid under the law

the country to which the parties subjected it or, failing any indication thereon, under the law

the country where the award was made, or (c) he was not given proper notice

the appointment

the arbitrator or

the arbitration proceedings or was otherwise unable to present his case, or (d) subject to subsection

this section, the award deals with a difference not contemplated by or not falling within the terms

the submission to arbitration or contains decisions on matters beyond the scope

the submission to arbitration, or (e) the composition

the arbitral authority or the arbitral procedure was not in accordance with the agreement

the parties or, failing such agreement, with the law

the country where the arbitration took place, or (f) the award has not yet become binding on the parties or has been set aside or suspended by a competent authority

the country in which, or under the law

which, the award was made.

an award may also be refused if the award is in respect

a matter which is not capable

settlement by arbitration under the law

the State, or if it would be contrary to public policy to enforce the award.

an award has been made to such a competent authority as is mentioned in subsection

this section, a court before which enforcement

the award is sought may, if it thinks fit, adjourn the proceedings and may, on the application

the party seeking to enforce the award, order the other party to give such security as the court may think fit. Non-application

Part V

Principal Act. 10.—In any case where an award is also a foreign award within the meaning

Part V

the Principal Act, that Part shall not apply to such award. Saving for other rights. 11.—Nothing in this Part shall prejudice the right

any person to enforce or to rely on an award otherwise than under this Part or under Part V

the Principal Act. PART IV Enforcement

Washington Convention Awards Interpretation (Part IV). 12.—In this Part— “award” means an award rendered pursuant to the Washington Convention and includes any decision made— (a) pursuant to Article 49

that Convention in relation to any question which the Tribunal referred to in that Article had omitted to decide in the award, or in relation to the rectification

any clerical, arithmetical or similar error in the award, (b) pursuant to Articles 50, 51 and 52

that Convention, interpreting, revising or annulling the award, and (c) pursuant to Article 61

that Convention in relation to costs; “the Washington Convention” means the Convention on the Settlement

Investment Disputes between States and Nationals

Other States opened for signature in Washington on the 18th day

March, 1965, which Convention is set out in the Second Schedule to this Act. Approval

acceptance. 13.—Acceptance by the State

the Washington Convention is hereby approved. Government contribution under Washington Convention and expenses. 14.—

the Government arising under Article 17

the Washington Convention (which obliges the Contracting States to meet any deficit

the International Centre for Settlement

Investment Disputes established under that Convention).

subsection

this section and any administrative expenses incurred by the Minister for Finance as a result

acceptance by the State

the Washington Convention shall be paid out

moneys provided by the Oireachtas. Application

Principal Act and other enactments. 15.—

the provisions contained in— (a) sections 19, 20, 21 and 22

the Principal Act (which relate to attendance

witnesses, security for costs, discovery

documents, etc.), and (b) the Foreign Tribunals Evidence Act, 1856 (which relates to taking

evidence for the purpose

proceedings before a foreign tribunal), shall apply to such proceedings pursuant to the Washington Convention as are specified in the order, and the order may contain such modifications or exceptions as may appear to the Minister for Justice to be expedient for the purposes

the order.

this section, the Principal Act shall not apply to proceedings pursuant to the Washington Convention.

pecuniary obligations imposed by award. 16.—

the High Court, be enforceable in the same manner as a judgment or order

the High Court to the same effect and, where leave is so given, judgment may be entered for the amount due or, as the case may be, the balance outstanding under the award.

this section for leave to enforce the pecuniary obligations imposed by an award shall lodge with his application a copy

the award certified in accordance with Article 54

the Washington Convention. Power

High Court to stay enforcement. 17.—Where an application is made to the High Court pursuant to section 16

this Act, the High Court shall, in any case where enforcement

an award has been stayed, whether provisionally or otherwise, in accordance with Article 50, Article 51 or Article 52

the Washington Convention, stay enforcement

the pecuniary obligations imposed by the award and may, in any case where an application has been made in accordance with any

those Articles which, if granted, might result in a stay on the enforcement

the award, stay enforcement

the pecuniary obligations imposed by the award. FIRST SCHEDULE Convention on the Recognition and Enforcement

Foreign Arbitral Awards Article I 1. This Convention shall apply to the recognition and enforcement

arbitral awards made in the territory

a State other than the State where the recognition and enforcement

such awards are sought, and arising out

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.

1. 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.
2. When signing, ratifying or acceding to this Convention, or notifying extension under article X hereof, any State may on the basis

reciprocity declare that it will apply the Convention to the recognition and enforcement

awards made only in the territory

another Contracting State. It may also declare that it will apply the Convention only to differences arising out

legal relationships, whether contractual or not, which are considered as commercial under the national law

the State making such declaration. Article II 1. Each Contracting State shall recognise 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

a defined legal relationship, whether contractual or not, concerning a subject matter capable

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

letters or telegrams. 3. The court

a Contracting State, when seized

an action in a matter in respect

which the parties have made an agreement within the meaning

this article, shall, at the request

one

the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable

being performed. Article III Each Contracting State shall recognise arbitral awards as binding and enforce them in accordance with the rules

procedure

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 or higher fees or charges on the recognition or enforcement

arbitral awards to which this Convention applies than are imposed on the recognition or enforcement

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

the application, supply: (

1. a)The duly authenticated original award or a duly certified copy thereof; (
2. 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

ficial language

the country in which the award is relied upon, the party applying for recognition and enforcement

the award shall produce a translation

these documents into such language. The translation shall be certified by an

ficial or sworn translator or by a diplomatic or consular agent. Article V 1. Recognition and enforcement

the award may be refused, at the request

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

the country where the award was made; or (b) The party against whom the award is invoked was not given proper notice

the appointment

the arbitrator or

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 the terms

the submission to arbitration, or it contains decisions on matters beyond the scope

the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part

the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or (d) The composition

the arbitral authority or the arbitral procedure was not in accordance with the agreement

the parties, or, failing such agreement, was not in accordance with the law

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

the country in which, or under the law

which, that award was made. 2. Recognition and enforcement

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

the difference is not capable

settlement by arbitration under the law

that country; or (b) The recognition or enforcement

the award would be contrary to the public policy

that country. Article VI If an application for the setting aside or suspension

the award has been made to a competent authority referred to in article V

the award and may also, on the application

the party claiming enforcement

the award, order the other party to give suitable security. Article VII 1. The provisions

the present Convention shall not affect the validity

multilateral or bilateral agreements concerning the recognition and enforcement

arbitral awards entered into by the Contracting States nor deprive any interested party

any right he may have to avail himself

an arbitral award in the manner and to the extent allowed by the law or the treaties

the country where such award is sought to be relied upon. 2. The Geneva Protocol on Arbitration Clauses

1923 and the Geneva Convention on the Execution

Foreign Arbitral Awards

1927 shall cease to have effect between Contracting States on their becoming bound and to the extent that they become bound, by this Convention. Article VIII 1. This Convention shall be open until 31 December 1958 for signature on behalf

any Member

the United Nations and also on behalf

any other State which is or hereafter becomes a member

any specialised agency

the United Nations, or which is or hereafter becomes a party to the Statute

the International Court

Justice, or any other State to which an invitation has been addressed by the General Assembly

the United Nations. 2. This Convention shall be ratified and the instrument

ratification shall be deposited with the Secretary-General

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

an instrument

accession with the Secretary-General

the United Nations. Article X 1. Any State may, at the time

signature, ratification or accession, declare that this Convention shall extend to all or any

the territories for the international relations

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

the United Nations and shall take effect as from the ninetieth day after the day

receipt by the Secretary-General

the United Nations

this notification, or as from the date

entry into force

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

signature, ratification or accession, each State concerned shall consider the possibility

taking the necessary steps in order to extend the application

this Convention to such territories, subject, where necessary for constitutional reasons, to the consent

the Governments

such territories. Article XI In the case

a federal or non-unitary State, the following provisions shall apply: (a) With respect to those articles

this Convention that come within the legislative jurisdiction

the federal authority, the obligations

the federal Government shall to this extent be the same as those

Contracting States which are not federal States; (b) With respect to those articles

this Convention that come within the legislative jurisdiction

constituent states or provinces which are not, under the constitutional system

the federation, bound to take legislative action, the federal Government shall bring such articles with a favourable recommendation to the notice

the appropriate authorities

constituent states or provinces at the earliest possible moment; (c) A federal State Party to this Convention shall, at the request

any other Contracting State transmitted through the Secretary-General

the United Nations, supply a statement

the law and practice

the federation and its constituent units in regard to any particular provision

this Convention, showing the extent to which effect has been given to that provision by legislative or other action. Ariticle XII 1. This Convention shall come into force on the ninetieth day following the date

deposit

the third instrument

ratification or accession. 2. For each State ratifying or acceding to this Convention after the deposit

the third instrument

ratification or accession, this Convention shall enter into force on the ninetieth day after deposit by such State

its instrument

ratification or accession. Article XIII 1. Any Contracting State may denounce this Convention by a written notification to the Secretary-General

the United Nations. Denunciation shall take effect one year after the date

receipt

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

the United Nations, declare that this Convention shall cease to extend to the territory concerned one year after the date

the receipt

the notification by the Secretary-General. 3. This Convention shall continue to be applicable to arbitral awards in respect

which recognition or enforcement proceedings have been instituted before the denunciation takes effect. Article XIV A Contracting State shall not be entitled to avail itself

the present Convention against other Contracting States except to the extent that it is itself bound to apply the Convention. Article XV The Secretary-General

the United Nations shall notify the States contemplated in article VIII

the following: (

1. a)Signatures and ratifications in accordance with article VIII; (
2. b)Accessions in accordance with article IX; (
3. c)Declarations and notifications under articles I, X and XI; (
4. d)The date upon which this Convention enters into force in accordance with article XII; (
5. e)Denunciations and notifications in accordance with article XIII. Article XVI 1. This Convention,

which the Chinese, English, French, Russian and Spanish texts shall be equally authentic, shall be deposited in the archives

the United Nations. 2. The Secretary-General

the United Nations shall transmit a certified copy

this Convention to the States contemplated in article VIII. SECOND SCHEDULE Convention on the Settlement

Investment Disputes between States and Nationals

Other States PREAMBLE The Contracting States Considering the need for international cooperation for economic development, and the role

private international investment therein; Bearing in mind the possibility that from time to time disputes may arise in connection with such investment between Contracting States and nationals

other Contracting States; Recognising that while such disputes would usually be subject to national legal processes, international methods

settlement may be appropriate in certain cases; Attaching particular importance to the availability

facilities for international conciliation or arbitration to which Contracting States and nationals

other Contracting States may submit such disputes if they so desire; Desiring to establish such facilities under the auspices

the International Bank for Reconstruction and Development; Recognising that mutual consent by the parties to submit such disputes to conciliation or to arbitration through such facilities constitutes a binding agreement which requires in particular that due consideration be given to any recommendation

conciliators, and that any arbitral award be complied with; and Declaring that no Contracting State shall by the mere fact

its ratification, acceptance or approval

this Convention and without its consent be deemed to be under any obligation to submit any particular dispute to conciliation or arbitration, Have agreed as follows: CHAPTER I International Centre for Settlement

Investment Disputes Section 1 Establishment and Organisation Article 1

Investment Disputes (hereinafter called the Centre).

the Centre shall be to provide facilities for conciliation and arbitration

investment disputes between Contracting States and nationals

other Contracting States in accordance with the provisions

this Convention. Article 2 The seat

the Centre shall be at the principal

fice

the International Bank for Reconstruction and Development (hereinafter called the Bank). The seat may be moved to another place by decision

the Administrative Council adopted by a majority

two-thirds

its members. Article 3 The Centre shall have an Administrative Council and a Secretariat and shall maintain a Panel

Conciliators and a Panel

Arbitrators. Section 2 The Administrative Council Article 4

one representative

each Contracting State. An alternate may act as representative in case

his principal's absence from a meeting or inability to act.

a contrary designation, each governor and alternate governor

the Bank appointed by a Contracting State shall be ex

ficio its representative and its alternate respectively. Article 5 The President

the Bank shall be ex

ficio Chairman

the Administrative Council (hereinafter called the Chairman) but shall have no vote. During his absence or inability to act and during any vacancy in the

fice

President

the Bank, the person for the time being acting as President shall act as Chairman

the Administrative Council. Article 6

this Convention, the Administrative Council shall (a) adopt the administrative and financial regulations

the Centre; (b) adopt the rules

procedure for the institution

conciliation and arbitration proceedings; (c) adopt the rules

procedure for conciliation and arbitration proceedings (hereinafter called the Conciliation Rules and the Arbitration Rules); (d) approve arrangements with the Bank for the use

the Bank's administrative facilities and services; (e) determine the conditions

service

the Secretary-General and

any Deputy Secretary-General; (f) adopt the annual budget

revenues and expenditures

the Centre; (g) approve the annual report on the operation

the Centre. The decisions referred to in sub-paragraphs (a), (b), (

1. c)and (
2. f)above shall be adopted by a majority

two-thirds

the members

the Administrative Council.

the provisions

this Convention. Article 7

not less than five members

the Council.

the Administrative Council shall have one vote and, except as otherwise herein provided, all matters before the Council shall be decided by a majority

the votes cast.

the Administrative Council shall be a majority

its members.

two-thirds

its members, a procedure whereby the Chairman may seek a vote

the Council without convening a meeting

the Council. The vote shall be considered valid only if the majority

the members

the Council cast their votes within the time limit fixed by the said procedure. Article 8 Members

the Administrative Council and the Chairman shall serve without remuneration from the Centre. Section 3 The Secretariat Article 9 The Secretariat shall consist

a Secretary-General, one or more Deputy Secretaries-General and staff. Article 10

two-thirds

its members upon the nomination

the Chairman for a term

service not exceeding six years and shall be eligible for re-election. After consulting the members

the Administrative Council, the Chairman shall propose one or more candidates for each such

fice.

fices

Secretary-General and Deputy Secretary-General shall be incompatible with the exercise

any political function. Neither the Secretary-General nor any Deputy Secretary-General may hold any other employment or engage in any other occupation except with the approval

the Administrative Council.

the

fice

Secretary-General, the Deputy Secretary-General shall act as Secretary-General. If there shall be more than one Deputy Secretary-General, the Administrative Council shall determine in advance the order in which they shall act as Secretary-General. Article 11 The Secretary-General shall be the legal representative and the principal

ficer

the Centre and shall be responsible for its administration, including the appointment

staff, in accordance with the provisions

this Convention and the rules adopted by the Administrative Council. He shall perform the function

registrar and shall have the power to authenticate arbitral awards rendered pursuant to this Convention, and to certify copies thereof. Section 4 The Panels Article 12 The Panel

Conciliators and the Panel

Arbitrators shall each consist

qualified persons, designated as hereinafter provided, who are willing to serve thereon. Article 13

high moral character and recognised competence in the fields

law, commerce, industry or finance, who may be relied upon to exercise independent judgment. Competence in the field

law shall be

particular importance in the case

persons on the Panel

Arbitrators.

assuring representation on the Panels

the principal legal systems

the world and

the main forms

economic activity. Article 15

six years.

death or resignation

a member

a Panel, the authority which designated the member shall have the right to designate another person to serve for the remainder

that member's term.

fice until their successors have been designated. Article 16

which he is a national, by that State.

the Centre cannot be met out

charges for the use

its facilities, or out

other receipts, the excess shall be borne by Contracting States which are members

the Bank in proportion to their respective subscriptions to the capital stock

the Bank, and by Contracting States which are not members

the Bank in accordance with rules adopted by the Administrative Council. Section 6 Status, Immunities and Privileges Article 18 The Centre shall have full international legal personality. The legal capacity

the Centre shall include the capacity (

1. a)to contract; (
2. b)to acquire and dispose

movable and immovable property; (c) to institute legal proceedings. Article 19 To enable the Centre to fulfil its functions, it shall enjoy in the territories

each Contracting State the immunities and privileges set forth in this Section. Article 20 The Centre, its property and assets shall enjoy immunity from all legal process, except when the Centre waives this immunity. Article 21 The Chairman, the members

the Administrative Council, persons acting as conciliators or arbitrators or members

a Committee appointed pursuant to paragraph

Article 52

, and the

ficers and employees

the Secretariat (a) shall enjoy immunity from legal process with respect to acts performed by them in the exercise

their functions, except when the Centre waives this immunity; (b) not being local nationals, shall enjoy the same immunities from immigration restrictions, alien registration requirements and national service obligations, the same facilities as regards exchange restrictions and the same treatment in respect

travelling facilities as are accorded by Contracting States to the representatives,

ficials and employees

comparable rank

other Contracting States. Article 22 The provisions

Article 21

shall apply to persons appearing in proceedings under this Convention as parties, agents, counsel, advocates, witnesses or experts; provided, however, that sub-paragraph (b) thereof shall apply only in connection with their travel to and from, and their stay at, the place where the proceedings are held. Article 23

the Centre shall be inviolable, wherever they may be.

ficial communications, the Centre shall be accorded by each Contracting State treatment not less favourable than that accorded to other international organisations. Article 24

any taxes or customs duties.

local nationals, no tax shall be levied on or in respect

expense allowances paid by the Centre to the Chairman or members

the Administrative Council, or on or in respect

salaries, expense allowances or other emoluments paid by the Centre to

ficials or employees

the Secretariat.

fees or expense allowances received by persons acting as conciliators, or arbitrators, or members

a Committee appointed pursuant to paragraph

Article 52

, in proceedings under this Convention, if the sole jurisdictional basis for such tax is the location

the Centre or the place where such proceedings are conducted or the place where such fees or allowances are paid. CHAPTER II Jurisdiction

the Centre Article 25

the Centre shall extend to any legal dispute arising directly out

an investment, between a Contracting State (or any constituent subdivision or agency

a Contracting State designated to the Centre by that State) and a national

another Contracting State, which the parties to the dispute consent in writing to submit to the Centre. When the parties have given their consent, no party may withdraw its consent unilaterally.

another Contracting State” means: (a) any natural person who had the nationality

a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration as well as on the date on which the request was registered pursuant to paragraph

Article 28or paragraph

Article 36

, but does not include any person who on either date also had the nationality

the Contracting State party to the dispute; and (b) any juridical person which had the nationality

a Contracting State other than the State party to the dispute on the date on which the parties consented to submit such dispute to conciliation or arbitration and any juridical person which had the nationality

the Contracting State party to the dispute on that date and which, because

foreign control, the parties have agreed should be treated as a national

another Contracting State for the purposes

this Convention.

a Contracting State shall require the approval

that State unless that State notifies the Centre that no such approval is required.

ratification, acceptance or approval

this Convention or at any time thereafter, notify the Centre

the class or classes

disputes which it would or would not consider submitting to the jurisdiction

the Centre. The Secretary-General shall forthwith transmit such notification to all Contracting States. Such notification shall not constitute the consent required by paragraph

the parties to arbitration under this Convention shall, unless otherwise stated, be deemed consent to such arbitration to the exclusion

any other remedy. A Contracting State may require the exhaustion

local administrative or judicial remedies as a condition

its consent to arbitration under this Convention. Article 27

a dispute which one

its nationals and another Contracting State shall have consented to submit or shall have submitted to arbitration under this Convention, unless such other Contracting State shall have failed to abide by and comply with the award rendered in such dispute.

paragraph

facilitating a settlement

the dispute. CHAPTER III Conciliation Section 1 Request for Conciliation Article 28

a Contracting State wishing to institute conciliation proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy

the request to the other party.

the parties and their consent to conciliation in accordance with the rules

procedure for the institution

conciliation and arbitration proceedings.

the information contained in the request, that the dispute is manifestly outside the jurisdiction

the Centre. He shall forthwith notify the parties

registration or refusal to register. Section 2 Constitution

the Conciliation Commission Article 29

a request pursuant to Article 28.

a sole conciliator or any uneven number

conciliators appointed as the parties shall agree. (b) Where the parties do not agree upon the number

conciliators and the method

their appointment, the Commission shall consist

three conciliators, one conciliator appointed by each party and the third, who shall be the president

the Commission, appointed by agreement

the parties. Article 30 If the Commission shall not have been constituted within 90 days after notice

registration

the request has been dispatched by the Secretary-General in accordance with paragraph

Article 28

, or such other period as the parties may agree, the Chairman shall, at the request

either party and after consulting both parties as far as possible, appoint the conciliator or conciliators not yet appointed. Article 31

Conciliators, except in the case

appointments by the Chairman pursuant to Article 30.

Conciliators shall possess the qualities stated in paragraph

Article 14. Section 3 Conciliation Proceedings Article 32

its own competence.

the Centre, or for other reasons is not within the competence

the Commission, shall be considered by the Commission which shall determine whether to deal with it as a preliminary question or to join it to the merits

the dispute. Article 33 Any conciliation proceeding shall be conducted in accordance with the provisions

this Section and, except as the parties otherwise agree, in accordance with the Conciliation Rules in effect on the date on which the parties consented to conciliation. If any question

procedure arises which is not covered by this Section or the Conciliation Rules or any rules agreed by the parties, the Commission shall decide the question. Article 34

the Commission to clarify the issues in dispute between the parties and to endeavour to bring about agreement between them upon mutually acceptable terms. To that end, the Commission may at any stage

the proceedings and from time to time recommend terms

settlement to the parties. The parties shall cooperate in good faith with the Commission in order to enable the Commission to carry out its functions, and shall give their most serious consideration to its recommendations.

the proceedings, it appears to the Commission that there is no likelihood

agreement between the parties, it shall close the proceedings and shall draw up a report noting the submission

the dispute and recording the failure

the parties to reach agreement. If one party fails to appear or participate in the proceedings, the Commission shall close the proceedings and shall draw up a report noting that party's failure to appear or participate. Article 35 Except as the parties to the dispute shall otherwise agree, neither party to a conciliation proceeding shall be entitled in any other proceeding, whether before arbitrators or in a court

law or otherwise, to invoke or rely on any views expressed or statements or admissions or

fers

settlement made by the other party in the conciliation proceedings, or the report or any recommendations made by the Commission. CHAPTER IV Arbitration Section 1 Request for Arbitration Article 36

a Contracting State wishing to institute arbitration proceedings shall address a request to that effect in writing to the Secretary-General who shall send a copy

the request to the other party.

the parties and their consent to arbitration in accordance with the rules

procedure for the institution

conciliation and arbitration proceedings.

the information contained in the request, that the dispute is manifestly outside the jurisdiction

the Centre. He shall forthwith notify the parties

registration or refusal to register. Section 2 Constitution

the Tribunal Article 37

a request pursuant to Article 36.

a sole arbitrator or any uneven number

arbitrators appointed as the parties shall agree. (b) Where the parties do not agree upon the number

arbitrators and the method

their appointment, the Tribunal shall consist

three arbitrators, one arbitrator appointed by each party and the third, who shall be the president

the Tribunal, appointed by agreement

the parties. Article 38 If the Tribunal shall not have been constituted within 90 days after notice

registration

the request has been despatched by the Secretary-General in accordance with paragraph

Article 36

, or such other period as the parties may agree, the Chairman shall, at the request

either party and after consulting both parties as far as possible, appoint the arbitrator or arbitrators not yet appointed. Arbitrators appointed by the Chairman pursuant to this Article shall not be nationals

the Contracting State party to the dispute or

the Contracting State whose national is a party to the dispute. Article 39 The majority

the arbitrators shall be nationals

States other than the Contracting State party to the dispute and the Contracting State whose national is a party to the dispute; provided, however, that the foregoing provisions

this Article shall not apply if the sole arbitrator or each individual member

the Tribunal has been appointed by agreement

the parties. Article 40

Arbitrators, except in the case

appointments by the Chairman pursuant to Article 38.

Arbitrators shall possess the qualities stated in paragraph

Article 14

. Section 3 Powers and Functions

the Tribunal Article 41

its own competence.

the Centre, or for other reasons is not within the competence

the Tribunal, shall be considered by the Tribunal which shall determine whether to deal with it as a preliminary question or to join it to the merits

the dispute. Article 42

law as may be agreed by the parties. In the absence

such agreement, the Tribunal shall apply the law

the Contracting State party to the dispute (including its rules on the conflict

laws) and such rules

international law as may be applicable.

non liquet on the ground

silence or obscurity

the law.

paragraphs

the Tribunal to decide a dispute ex aequo et bono if the parties so agree. Article 43 Except as the parties otherwise agree, the Tribunal may, if it deems it necessary at any stage

the proceedings, (

1. a)call upon the parties to produce documents or other evidence, and (
2. b)visit the scene connected with the dispute, and conduct such inquiries there as it may deem appropriate. Article 44 Any arbitration proceeding shall be conducted in accordance with the provisions

this Section and, except as the parties otherwise agree, in accordance with the Arbitration Rules in effect on the date on which the parties consented to arbitration. If any question

procedure arises which is not covered by this Section or the Arbitration Rules or any rules agreed by the parties, the Tribunal shall decide the question. Article 45

a party to appear or to present his case shall not be deemed an admission

the other party's assertions.

the proceedings the other party may request the Tribunal to deal with the questions submitted to it and to render an award. Before rendering an award, the Tribunal shall notify, and grant a period

grace to, the party failing to appear or to present its case, unless it is satisfied that that party does not intend to do so. Article 46 Except as the parties otherwise agree, the Tribunal shall, if requested by a party, determine any incidental or additional claims or counter-claims arising directly out

the subject-matter

the dispute provided that they are within the scope

the consent

the parties and are otherwise within the jurisdiction

the Centre. Article 47 Except as the parties otherwise agree, the Tribunal may, if it considers that the circumstance so require, recommend any provisional measures which should be taken to preserve the respective rights

either party. Section 4 The Award Article 48

the votes

all its members.

the Tribunal shall be in writing and shall be signed by the members

the Tribunal who voted for it.

the Tribunal may attach his individual opinion to the award, whether he dissents from the majority or not, or a statement

his dissent.

the parties. Article 49

the award to the parties. The award shall be deemed to have been rendered on the date on which the certified copies were dispatched.

a party made within 45 days after the date on which the award was rendered may after notice to the other party decide any question which it had omitted to decide in the award, and shall rectify any clerical, arithmetical or similar error in the award. Its decision shall become part

the award and shall be notified to the parties in the same manner as the award. The periods

time provided for under paragraph

Article 51and paragraph

Article 52shall run from the date on which the decision was rendered.

Section 5 Interpretation, Revision and Annulment

the Award Article 50

an award, either party may request interpretation

the award by an application in writing addressed to the Secretary-General.

this Chapter. The Tribunal may, if it considers that the circumstances so require, stay enforcement

the award pending its decision. Article 51

the award by an application in writing addressed to the Secretary-General on the ground

discovery

some fact

such a nature as decisively to affect the award, provided that when the award was rendered that fact was unknown to the Tribunal and to the applicant and that the applicant's ignorance

that fact was not due to negligence.

such fact and in any event within three years after the date on which the award was rendered.

this Chapter.

the award pending its decision. If the applicant requests a stay

enforcement

the award in his application, enforcement shall be stayed provisionally until the Tribunal rules on such request. Article 52

the award by an application in writing addressed to the Secretary-General on one or more

the following grounds: (

1. a)that the Tribunal was not properly constituted; (
2. b)that the Tribunal has manifestly exceeded its powers; (
3. c)that there was corruption on the part

a member

the Tribunal; (d) that there has been a serious departure from a fundamental rule

procedure; or (e) that the award has failed to state the reasons on which it is based.

corruption such application shall be made within 120 days after discovery

the corruption and in any event within three years after the date on which the award was rendered.

the request the Chairman shall forthwith appoint from the Panel

Arbitrators an ad hoc Committee

three persons. None

the members

the Committee shall have been a member

the Tribunal which rendered the award, shall be

the same nationality as any such member, shall be a national

the State party to the dispute or

the State whose national is a party to the dispute, shall have been designated to the Panel

Arbitrators by either

those States, or shall have acted as a conciliator in the same dispute. The Committee shall have the authority to annul the award or any part thereof on any

the grounds set forth in paragraph

Articles 41-45, 48, 49, 53 and 54, and

Chapters VI and VII shall apply mutatis mutandis to proceedings before the Committee.

the award pending its decision. If the applicant requests a stay

enforcement

the award in his application, enforcement shall be stayed provisionally until the Committee rules on such request.

either party, be submitted to a new Tribunal constituted in accordance with Section 2

this Chapter. Section 6 Recognition and Enforcement

the Award Article 53

the award except to the extent that enforcement shall have been stayed pursuant to the relevant provisions

this Convention.

this Section, “award” shall include any decision interpreting, revising or annulling such award pursuant to Articles 50, 51 or 52. Article 54

a court in that State. A Contracting State with a federal constitution may enforce such an award in or through its federal courts and may provide that such courts shall treat the award as if it were a final judgment

the courts

a constituent state.

a Contracting State shall furnish to a competent court or other authority which such State shall have designated for this purpose a copy

the award certified by the Secretary-General. Each Contracting State shall notify the Secretary-General

the designation

the competent court or other authority for this purpose and

any subsequent change in such designation.

the award shall be governed by the laws concerning the execution

judgments in force in the State in whose territories such execution is sought. Article 55 Nothing in Article 54 shall be construed as derogating from the law in force in any Contracting State relating to immunity

that State or

any foreign State from execution. CHAPTER V Replacement and Disqualification

Conciliators and Arbitrators Article 56

Section 2

Chapter III

or Section 2

Chapter IV

a Commission or Tribunal shall continue to serve in that capacity notwithstanding that he shall have ceased to be a member

the Panel.

the Commission or Tribunal

which he was a member, the Chairman shall appoint a person from the appropriate Panel to fill the resulting vacancy. Article 57 A party may propose to a Commission or Tribunal the disqualification

any

its members on account

any fact indicating a manifest lack

the qualities required by paragraph

Article 14

. A party to arbitration proceedings may, in addition, propose the disqualification

an arbitrator on the ground that he was ineligible for appointment to the Tribunal under Section 2

Chapter IV

. Article 58 The decision on any proposal to disqualify a conciliator or arbitrator shall be taken by the other members

the Commission or Tribunal as the case may be, provided that where those members are equally divided, or in the case

a proposal to disqualify a sole conciliator or arbitrator, or a majority

the conciliators or arbitrators, the Chairman shall take that decision. If it is decided that the proposal is well-founded the conciliator or arbitrator to whom the decision relates shall be replaced in accordance with the provisions

Section 2

Chapter III

or Section 2

Chapter IV

. CHAPTER VI Cost

Proceedings Article 59 The charges payable by the parties for the use

the facilities

the Centre shall be determined by the Secretary-General in accordance with the regulations adopted by the Administrative Council. Article 60

its members within limits established from time to time by the Administrative Council and after consultation with the Secretary-General.

this article shall preclude the parties from agreeing in advance with the Commission or Tribunal concerned upon the fees and expenses

its members. Article 61

conciliation proceedings the fees and expenses

members

the Commission as well as the charges for the use

the facilities

the Centre, shall be borne equally by the parties. Each party shall bear any other expenses it incurs in connection with the proceedings.

arbitration proceedings the Tribunal shall, except as the parties otherwise agree, assess the expenses incurred by the parties in connection with the proceedings, and shall decide how and by whom those expenses, the fees and expenses

the members

the Tribunal and the charges for the use

the facilities

the Centre shall be paid. Such decision shall form part

the award. CHAPTER VII Place

Proceedings Article 62 Conciliation and arbitration proceedings shall be held at the seat

the Centre except as hereinafter provided. Article 63 Conciliation and arbitration proceedings may be held, if the parties so agree, (a) at the seat

the Permanent Court

Arbitration or

any other appropriate institution, whether private or public, with which the Centre may make arrangements for that purpose; or (b) at any other place approved by the Commission or Tribunal after consultation with the Secretary-General. CHAPTER VIII Disputes Between Contracting States Article 64 Any dispute arising between Contracting States concerning the interpretation or application

this Convention which is not settled by negotiation shall be referred to the International Court

Justice by the application

any party to such dispute, unless the States concerned agree to another method

settlement. CHAPTER IX Amendment Article 65 Any Contracting State may propose amendment

this Convention. The text

a proposed amendment shall be communicated to the Secretary-General not less than 90 days prior to the meeting

the Administrative Council at which such amendment is to be considered and shall forthwith be transmitted by him to all the members

the Administrative Council. Article 66

two-thirds

its members, the proposed amendment shall be circulated to all Contracting States for ratification, acceptance or approval. Each amendment shall enter into force 30 days after dispatch by the depositary

this Convention

a notification to Contracting States that all Contracting States have ratified, accepted or approved the amendment.

any Contracting State or

any

its constituent subdivisions or agencies, or

any national

such State arising out

consent to the jurisdiction

the Centre given before the date

entry into force

the amendment. CHAPTER X Final Provisions Article 67 This Convention shall be open for signature on behalf

States members

the Bank. It shall also be open for signature on behalf

any other State which is a party to the Statute

the International Court

Justice and which the Administrative Council, by a vote

two-thirds

its members, shall have invited to sign the Convention. Article 68

deposit

the twentieth instrument

ratification, acceptance or approval. It shall enter into force for each State which subsequently deposits its instrument

ratification, acceptance or approval 30 days after the date

such deposit. Article 69 Each Contracting State shall take such legislative or other measures as may be necessary for making the provisions

this Convention effective in its territories. Article 70 This Convention shall apply to all territories for whose international relations a Contracting State is responsible, except those which are excluded by such State by written notice to the depositary

this Convention either at the time

ratification, acceptance or approval or subsequently. Article 71 Any Contracting State may denounce this Convention by written notice to the depositary

this Convention. The denunciation shall take effect six months after receipt

such notice. Article 72 Notice by a Contracting State pursuant to Articles 70 or 71 shall not affect the rights or obligations under this Convention

that State or

any

its constituent subdivisions or agencies or

any national

that State arising out

consent to the jurisdiction

the Centre given by one

them before such notice was received by the depositary. Article 73 Instruments

ratification, acceptance or approval

this convention and

amendments thereto shall be deposited with the Bank which shall act as the depositary

this Convention. The depositary shall transmit certified copies

this Convention to States members

the Bank and to any other State invited to sign the Convention. Article 74 The depositary shall register this Convention with the Secretariat

the United Nations in accordance with Article 102

the Charter

the United Nations and the Regulations thereunder adopted by the General Assembly. Article 75 The depositary shall notify all signatory States

the following: (

1. a)signatures in accordance with Article 67; (
2. b)deposits

instruments

ratification, acceptance and approval in accordance with Article 73; (

1. c)the date on which this Convention enters into force in accordance with Article 68; (
2. d)exclusions from territorial application pursuant to Article 70; (
3. e)the date on which any amendment

this Convention enters into force in accordance with Article 66; and (f) denunciations in accordance with Article 71. DONE at Washington in the English, French and Spanish languages, all three texts being equally authentic, in a single copy which shall remain deposited in the archives

the International Bank for Reconstruction and Development which has indicated by its signature below its agreement to fulfil the functions with which it is charged under this Convention. Acts Referred to Arbitration Act, 1954 1954, No. 26 Foreign Tribunals Evidence Act, 1856 1856, c. 113 Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government

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