B-41: INTER-AMERICAN CONVENTION ON EXTRATERRITORIAL VALIDITY OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS ADOPTED AT: MONTEVIDEO, URUGUAY DATE: 05/08/79 CONF/ASSEM/MEETING: SECOND INTER-AMERICAN SPECIALIZED CONFERENCE ON PRIVATE INTERNATIONAL LAW , ENTRY INTO FORCE: 06/14/80 IN ACCORDANCE WITH ARTICLE 23 OF THE CONVENTION DEPOSITORY: GENERAL SECRETARIAT, OAS (ORIGINAL INSTRUMENT AND RATIFICATIONS) , , TEXT: OAS, TREATY SERIES, NO. 51 UN REGISTRATION: 03/20/89 No. 24392 Vol. OBSERVATIONS: GENERAL INFORMATION OF THE TREATY: B-41 =============================================================================== SIGNATORY COUNTRIES SIGNATURE REF RA/AC/AD REF DEPOSIT INST INFORMA REF =============================================================================== Argentina ........... 12/01/83 11/07/83 12/01/83 RA / / Bolivia ............. 08/02/83 05/15/98 10/08/98 / / Brazil .............. 05/08/79 R 1 08/31/95 11/27/95 RA / / Chile ............... 05/08/79 / / / / / / Colombia ............ 05/08/79 06/24/81 09/10/81 RA / / Costa Rica .......... 05/08/79 / / / / / / Dominican Republic .. 05/08/79 / / / / / / Ecuador ............. 05/08/79 05/05/82 06/01/82 RA / / El Salvador ......... 08/11/80 / / / / / / Guatemala ........... 05/08/79 / / / / / / Haiti ............... 05/08/79 / / / / / / Honduras ............ 05/08/79 / / / / / / Mexico .............. 12/02/86 02/11/87 DR a 06/12/87 RA / / Panama .............. 05/08/79 / / / / / / Paraguay ............ 05/08/79 07/05/85 08/16/85 RA / / Peru ................ 05/08/79 04/09/80 05/15/80 RA / / Uruguay ............. 05/08/79 D 2 02/12/80 D b 05/15/80 RA / / Venezuela ........... 05/08/79 01/30/85 02/28/85 RA / / =============================================================================== REF = REFERENCE INST = TYPE OF INSTRUMENT D = DECLARATION RA = RATIFICATION R = RESERVATION AC = ACCEPTANCE INFORMA = INFORMATION REQUIRED BY THE TREATY AD = ACCESSION B-41. INTER-AMERICAN CONVENTION ON EXTRATERRITORIAL VALIDITY OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS 1. Brazil: (Reservation made at the time of signature) With reservation to letter d) of Article 2. 2. Uruguay: (Declaration made at the time of signature) 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 nondiscretionary 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. a. Mexico: (Reservation and interpretative declarations made at the time of ratification:) Reservation: 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. Interpretative Declarations: Article 2 With respect to Article 2d) 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 May 24, 1984. Article 3 With respect to Article 3, the United Mexican States understand that confirmation and enforcement of foreign judgments and arbitral awards requires 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. b. Uruguay: (Declaration made at the time of ratification) With the declaration made at the time of signature.
Text of the Treaty