Convention on the execution of foreign arbitral awards
Article 2
Geldend
Geldend vanaf 25-07-1929
- Bronpublicatie:
26-09-1927, Stb. 1931, 399 (uitgifte: 02-10-1931, kamerstukken/regelingnummer: -)
- Inwerkingtreding
25-07-1929
- Bronpublicatie inwerkingtreding:
17-05-1952, Trb. 1952, 74 (uitgifte: 01-01-1952, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal privaatrecht / Conflictenrecht
1.
Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied:
- (a)
That the award has been annulled in the country in which it was made;
- (b)
That the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that, being under a legal incapacity, he was not properly represented;
- (c)
That the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.
2.
If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the award is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide.