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II.2.200 PROTOCOL ON ARBITRATION CLAUSES, 1923

The Ratification of Maritime Conventions

Chapter I.2.200

PROTOCOL ON ARBITRATION CLAUSES, 1923

ADOPTED: Done at Geneva, 24 September 1923
REFERENCE: 27 LTS 157
UN TREATY NUMBER: 0678
ENTERED INTO FORCE: 28 July 1924
DEPOSITARY: United Nations (previously The League of Nations)
SECRETARY: United Nations (previously The League of Nations)

IMPLEMENTATION

SIGNATURE AND RATIFICATION

Article V

The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratifications shall be deposited as soon as possible with the Secretary-General of the League of Nations, who shall notify such deposit to all the Signatory States.

ENTRY INTO FORCE

Article VI

The present Protocol will come into force as soon as two ratifications have been deposited. Thereafter it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of the deposit of its ratification.

DENUNCIATION

Article VII

The present Protocol may be denounced by any Contracting States on giving one year’s notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will immediately transmit copies of such notification to all the other Signatory States and inform them of the date on which it was received. The denunciation shall take effect one year after the date on which it was notified to the Secretary-General, and shall operate only in respect of the notifying State.

TERRITORIAL APPLICATION

Article VIII

The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the undermentioned territories: that is to say, their colonies, overseas possessions or territories, protectorates or the territories over which they exercise a mandate.

The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the League of Nations shall be informed as soon as possible of such adhesions. They will take effect one month after the notification by the Secretary-General to all Signatory States.

The Contracting Parties may also denounce the Protocol separately on behalf of any of the territories referred to above. Article VII applies to such denunciation.

DECLARATIONS AND RESERVATIONS

Belgium

Reserves the right to limit the obligation mentioned in the first paragraph of Article I to contracts which are considered as commercial under its national law.

Brazil

Subject to the condition that the arbitral agreement or the arbitration clause mentioned in Article I of this Protocol should be limited to contracts which are considered as commercial by the Brazilian legislation.

Burma

His Majesty reserves the right to limit the obligations mentioned in the first paragraph of Article I to contracts which are considered commercial under the law of Burma.

Czechoslovakia

The Czechoslovak Republic will regard itself as being bound only in relation to States which will have ratified the Convention of September 26th, 1927, on the Execution of Foreign Arbitral Awards, and the Czechoslovak Republic does not intend by this signature to invalidate in any way the bilateral treaties concluded by it which regulate the questions referred to in the present Protocol by provisions going beyond the provisions of the Protocol.

Denmark

Under Danish law, arbitral awards made by an Arbitral Tribunal do not immediately become operative; it is necessary in each case, in order to make an award operative, to apply to the ordinary courts of law. In the course of the proceedings, however, the arbitral award will generally be accepted by such courts without further examination as a basis of the final judgments in the affair.

Estonia

Limits, in accordance with Article I, paragraph 2 of this Protocol, the obligation mentioned in paragraph 1 of the said article to contracts which are considered as commercial under its national law.

France

Reserves the right to limit the obligation mentioned in paragraph 2 of Article I to contracts which are considered as commercial under its national law. Its acceptance of the present Protocol does not include the Colonies, Overseas Possessions or Protectorates or Territories in respect of which France exercises a mandate.

German Democratic Republic

In a notification received on 21 February 1974, the Government of the German Democratic Republic stated that the German Democratic Republic had declared the reapplication of the Protocol as from 4 April 1958.

In this connection, the Secretary-General received on 13 January 1976, the following communication from the Government of the Federal Republic of Germany:

“With reference to the communication by the German Democratic Republic of 31 January 1974 concerning the application as from 4 April 1958, of the Protocol of 24 September 1923 on Arbitration Clauses, the Government of the Federal Republic of Germany declares that in the relation between the Federal Republic of Germany and the German Democratic Republic the declaration of application has no retroactive effect beyond 21 June 1973. Subsequently, in a communication received on 28 April 1976, the Government of the German Democratic Republic declared:

The Government of the German Democratic Republic takes the view that in accordance with the applicable rules of international law and the international practice of States the regulations on the reapplication of agreements concluded under international law are an internal affair of the successor State concerned. Accordingly, the German Democratic Republic was entitled to determine the date of the reapplication of the Protocol on Arbitration Clauses of 24 September 1923 to which it acceded on the basis of the succession of States.”

Germany, Federal Republic of

(See above, German Democratic Republic)

India

It is not binding as regards the enforcement of the provisions of this Protocol upon the territories in India of any Prince or Chief under the suzerainty of His Majesty.

India reserves the right to limit the obligation mentioned in this first paragraph of Article I to contracts which are considered as commercial under its national law.

Latvia

Reservation made upon signature

Reserves the right to limit the obligation mentioned in paragraph 2 of Article I to contracts which are considered as commercial under its national law.

Liechtenstein

Reservation made upon signature

Agreements which are the subject of a special contract, or of clauses embodied in other contracts, attributing competence to a foreign tribunal, if they are concluded between nationals and foreigners or between nationals in the country, shall henceforth be valid only when they have been drawn up in due legal form.

This provision shall apply also to stipulations in articles of association, deeds of partnership and similar instruments and also to agreements for the submission of a dispute to an arbitral tribunal sitting in a foreign country.

Any agreement which submits to a foreign tribunal or to an arbitral tribunal a dispute relating to insurance contracts shall be null and void if the person insured is domiciled in the country or if the interest insured is situated in the country.

It shall be the duty of the tribunal to ensure as a matter of routine that this provision is observed even during procedures for distraint or during bankruptcy proceedings.

Luxembourg

Reserves the right to limit the obligation mentioned in the first paragraph of Article I to contracts which are considered as commercial under its national law.

Monaco

Reserves the right to limit its obligations to contracts which are considered as commercial under its national law.

Netherlands

The following reservation has been withdrawn in respect of the Kingdom in Europe on 22/02/1938 and as regards the Netherlands Indies, Surinam and Curacao on 16/04/1940:

The Government of the Netherlands declares its opinion that the recognition in principle of the validity of arbitration clauses in no way affects either the restrictive provisions at present existing under Netherlands law or the right to introduce other restrictions in the future.

Poland

Under reservation that, in conformity with paragraph 2 of Article I, the undertaking contemplated in the said Article will apply only to contracts which are declared as commercial in accordance with national Polish law.

Portugal

  • (1) In accordance with the second paragraph of Article I, the Portuguese Government reserves the right to limit the obligation mentioned in the first paragraph of Article I to contracts which are considered as commercial under its national law.
  • (2) According to the terms of the first paragraph of Article VIII, the Portuguese Government declares that its acceptance of the present Protocol does not include its Colonies.

Romania

Subject to the reservation that the Royal Government may in all circumstances limit the obligation mentioned in Article I, paragraph 2, to contracts which are considered as commercial under its national law.

Spain

Reserves the right to limit the obligation mentioned in Article I, paragraph 2, to contracts which are considered as commercial under its national law.

Its acceptance of the present Protocol does not include the Spanish Possessions in Africa, or the territories of the Spanish Protectorate in Morocco.

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