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Full Text (PDF format) | Signatories and Ratifications
The Governments of the Member States of the
Organization of American States desirous of concluding a convention on
international commercial arbitration, have agreed as follows:
Article 1
An agreement in which the parties undertake to submit to arbitral
decision any differences that may arise or have arisen between them with
respect to a commercial transaction is valid. The agreement shall be set
forth in an instrument signed by the parties, or in the form of an
exchange of letters, telegrams, or telex communications.
Article 2
Arbitrators shall be appointed in the manner agreed upon by the parties.
Their appointment may be delegated to a third party, whether a natural
or juridical person.
Arbitrators may be nationals or foreigners.
Article 3
In the absence of an express agreement between the parties, the
arbitration shall be conducted in accordance with the rules of procedure
of the Inter-American Commercial Arbitration Commission.
Article 4
An arbitral decision or award that is not appealable under the
applicable law or procedural rules shall have the force of a final
judicial judgment. Its execution or recognition may be ordered in the
same manner as that of decisions handed down by national or foreign
ordinary courts, in accordance with the procedural laws of the country
where it is to be executed and the provisions of international treaties.
Article 5
1. The recognition and execution of the decision may be refused, at the
request of the party against which it is made, only if such party is
able to prove to the competent authority of the State in which
recognition and execution are requested:
a. That the parties to the agreement were subject to some incapacity
under the applicable law or that the agreement is not valid under the
law to which the parties have submitted it, or, if such law is not
specified, under the law of the State in which the decision was made; or
b. That the party against which the arbitral decision has been made was
not duly notified of the appointment of the arbitrator or of the
arbitration procedure to be followed, or was unable, for any other
reason, to present his defense; or
c. That the decision concerns a dispute not envisaged in the agreement
between the parties to submit to arbitration; nevertheless, if the
provisions of the decision that refer to issues submitted to arbitration
can be separated from those not submitted to arbitration, the former may
be recognized and executed; or
d. That the constitution of the arbitral tribunal or the arbitration
procedure has not been carried out in accordance with the terms of the
agreement signed by the parties or, in the absence of such agreement,
that the constitution of the arbitral tribunal or the arbitration
procedure has not been carried out in accordance with the law of the
State where the arbitration took place; or
e. That the decision is not yet binding on the parties or has been
annulled or suspended by a competent authority of the State in which, or
according to the law of which, the decision has been made.
2. The recognition and execution of an arbitral decision may also be
refused if the competent authority of the State in which the recognition
and execution is requested finds:
a. That the subject of the dispute cannot be settled by arbitration
under the law of that State; or
b. That the recognition or execution of the decision would be contrary
to the public policy ("ordre public") of that State.
Article 6
If the competent authority mentioned in Article 5. 1. e has been
requested to annul or suspend the arbitral decision, the authority
before which such decision is invoked may, if it deems it appropriate,
postpone a decision on the execution of the arbitral decision and, at
the request of the party requesting execution, may also instruct the
other party to provide appropriate guaranties.
Article 7
This Convention shall be open for signature by the Member States of the
Organization of American States.
Article 8
This Convention is subject to ratification. The instruments of
ratification shall be deposited with the General Secretariat of the
Organization of American States.
Article 9
This Convention shall remain open for accession by any other State. The
instruments of accession shall be deposited with the General Secretariat
of the Organization of American States.
Article 10
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.
Article 11
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 the 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 their receipt.
Article 12
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.
Article 13
The original instrument of this Convention, the English, French,
Portuguese and Spanish texts of which are equally authentic, shall be
deposited with the General Secretariat of the Organization of American
States. The Secretariat shall notify the lumber States of the
Organization of American States and the States that have acceded to the
Convention of the signatures, deposits of instruments of ratification,
accession, and denunciation as well as of reservations, if any. It shall
also transmit the declarations referred to in Article 11 of this
Convention.
IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly
authorized thereto by their respective Governments, have signed this
Convention.
DONE AT PANAMA CITY, Republic of Panama, this thirtieth day of January
one thousand nine hundred and seventy-five.