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Enforcement in BRICS

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BRAZIL

RUSSIAN FEDERATION

INDIA[1]

CHINA

SOUTH ARFRICA

New york convention[2]

Contracting States

Reservation

 

(b)

(a), (c)

(a), (c), (h)

 

Signature

 

29/12/1958

10/06/1958

 

 

Ratification, Accession(a), Succession(d)

07/06/2002

24/08/1960

13/07/1960

22/01/1987

03/05/1976

Effective

05/09/2002

22/11/1960

11/10/1960

22/04/1987

01/08/1976

Bilateral Agreement with

China

 

Treaty Between the People's Republic of China and Brazil on Mutual Legal Assistance in Civil and Commercial Matters

Treaty Between the People's Republic of China and Russian Federation on Mutual Legal Assistance in Civil and Criminal Matters

 

 

 

 

Note:

(a) States may limit the Convention to awards from other contracting states. Thus it is necessary to check whether both the state where enforcement is desired and the state where the award was "made" are both contracting states.

(b) States may choose not to limit the Convention to only awards from other contracting states, but may however limit application to awards from non-contracting states such that they will only apply it to the extent to which such a non-contracting state grants reciprocal treatment.

(c) States may limit the Convention to awards relating to commercial matters

(h) On 6 and 10 June 1997, the Secretary-General received communications concerning the status of Hong Kong from the Governments of the United Kingdom and China. Upon resuming the exercise of sovereignty over Hong Kong, China notified the Secretary-General that the Convention with the reservation made by China will also apply to the Hong Kong Special Administrative Region.On 19 July 2005, the Secretary-General received the following declaration from the Government of China:In accordance with the provisions of Article 138 of the Basic Law of the Macao Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China decides that the Convention on the Recognition and Enforcement of Arbitral Awards shall apply to the Macao Special Administrative Region of the People's Republic of China. The statement made by the Government of the People's Republic of China when acceding to the Convention on January 22, 1987, also applies to the Macao Special Administrative Region of the People's Republic of China.[3]



[1] On March19th, 2012, Indian Ministry of Law and Justice declared that arbitral awards made in China (including Hong Kong and Macau) can be recognized and enforced by Indian courts.。

[2] New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-domestic arbitral awards. The Convention's principal aim is that foreign and non-domestic arbitral awards will not be discriminated against and it obliges Parties to ensure such awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards. An ancillary aim of the Convention is to require courts of Parties to give full effect to arbitration agreements by requiring courts to deny the parties access to court in contravention of their agreement to refer the matter to an arbitral tribunal.

See http://www.uncitral.org/uncitral/en/uncitral_texts/arbitration/NYConvention.html

[3] See http://www.newyorkconvention.org/countries

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