We use cookies to improve your website experience. To learn about our use of cookies and how you can manage your cookie settings, please see our Cookie Policy. By continuing to use the website, you consent to our use of cookies. Close

II.2.245 INTER-AMERICAN CONVENTION ON EXTRATERRITORIAL VALIDITY OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS, 1979

The Ratification of Maritime Conventions

Chapter I.2.245

INTER-AMERICAN CONVENTION ON EXTRATERRITORIAL VALIDITY OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS, 1979

ADOPTED: Done at Montevideo, 8 May 1979
REFERENCE: OAS, Treaty Series, No. 51
UN TREATY NUMBER: 24392
ENTERED INTO FORCE: 14 June 1980
DEPOSITARY: OAS General Secretariat
SECRETARY: OAS General Secretariat

IMPLEMENTATION

SIGNATURE, RATIFICATION AND ACCESSION

Article VII

This Convention shall be open for signature by the Member States of the Organization of American States.

Article VIII

This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.

Article IX

This Convention shall remain open for accession by any other State. The instrument of accession shall be deposited with the General Secretariat of the Organization of American States.

ENTRY INTO FORCE

Article XI

This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.

For each State ratifying or acceding to the Convention after the deposit of the second instrument of ratification, the Convention shall enter into force on the thirtieth day after deposit by such State of its instrument of ratification or accession.

DENUNCIATION

Article XIII

This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.

RESERVATIONS

Article X

Each state may, at the time of signature, ratification or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of the Convention.

TERRITORIAL APPLICATION

Article XII

If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.

Such declaration may be modified by subsequent declarations, which shall expressly indicate the territorial unit or units to which this Convention applies. Such subsequent declarations shall be transmitted to the General Secretariat of the Organization of American States and shall become effective thirty days after the date of receipt.

RESERVATIONS, DECLARATIONS AND STATEMENTS

(Unless otherwise indicated, the reservations, declarations and statements were made at the time of signature or ratification.)

Brazil

“With reservations to letter (d) of article 2.”

Mexico

“Article 1

With respect to article 1 of the Convention, Mexico makes the express reservation of limiting its application to punitive judgments involving property in one of the States Parties.

Article 2

With respect to article 2(d) of the Convention, Mexico declares that this condition shall be considered fulfilled when the jurisdiction of the judge or tribunal has been established in accordance with the rules recognized in the Inter-American Convention on Jurisdiction in the International Sphere for the Extraterritorial Validity of Foreign Judgments, excluding all matters referred to in article 6 of that instrument, signed in La Paz, Bolivia, on 24 May 1984.

Article 3

With respect to article 3, the United Mexican States understand that confirmation and enforcement of foreign judgments and arbitral awards require their transmission by means of letters rogatory containing the summons required for the Parties to appear before the judge receiving the letters rogatory.

Article 6

Mexico interprets article 6 of the Convention to mean that the judge receiving letters rogatory is competent in all procedures to guarantee the execution of judgments, including, inter alia, procedures concerning attachments, depositaries, third-party interventions, and adjudication in auction.”

Uruguay

“The scope of public order:

Uruguay wishes to state that it expressly ratifies the line of thought enunciated in Panama at CIDIP-I, reaffirming its genuine Pan-American spirit and its clear and positive decision to contribute with its ideas and endorsement to the successful development of the legal community.

This line of thinking and conduct has been evidenced in undoubtable form by the unreserved ratification by Uruguay of all the Conventions of Panama, approved by law number 14,534 in 1976.

In line with the foregoing, the Oriental Republic of Uruguay gives its affirmative vote to the formula regarding public order. Nevertheless, Uruguay wishes to state expressly and clearly that, in accordance with the position it maintained in Panama, its interpretation of the aforementioned exception refers to international public order as an individual juridical institution, not necessarily identifiable with the internal public order of each State.

Therefore, in the opinion of the Oriental Republic of Uruguay, the approved formula conveys an exceptional authorization to the various States Parties to declare in a non-discretionary and well-founded manner that the precepts of foreign law are inapplicable whenever these concretely and in a serious and open manner offend the standards and principles essential to the international public order on which each individual State bases its legal individuality.”

The rest of this document is only available to i-law.com online subscribers.

If you are already a subscriber, please enter your details below to log in.

Enter your email address to log in as a user on your corporate account.
Remember me on this computer

Not yet an i-law subscriber?

Devices

Request a trial Find out more

Unable to display the content
Unable to display the content
Unable to display the content
Unable to display the content