B-5: GENERAL TREATY OF INTER-AMERICAN ARBITRATION
ADOPTED AT: WASHINGTON, D.C., UNITED STATES
DATE: 01/05/29
CONF/ASSEM/MEETING: INTERNATIONAL CONFERENCE OF AMERICAN STATES ON CONCILIATION
AND ARBITRATION
,
ENTRY INTO FORCE: 10/28/29 IN ACCORDANCE WITH ARTICLE 9 OF THE TREATY.
DEPOSITORY: DEPARTMENT OF STATE OF THE UNITED STATES (ORIGINAL
INSTRUMENT AND RATIFICATIONS).
TEXT: OAS, TREATY SERIES, NO. 16.
, ,
UN REGISTRATION: / / No. Vol.
OBSERVATIONS: This Treaty has been superseded by the American Treaty
on Pacific Settlement (Pact of Bogot ), 1948 (A-42). Unless
both parties to a dispute have ratified the subsequent
Treaty, however, this Treaty would be applicable.
See also the Treaty on Compulsory Arbitration of Mexico,
1902 (A-9), and the Protocol of Progressive Arbitration
(B-6).
GENERAL INFORMATION OF THE TREATY: B-5
| COUNTRY |
SIGNATURE |
RATIFICATION/ACCESSION |
DEPOSIT |
INFORMATION* |
| Antigua y Barbuda |
- |
- |
- |
- |
| Argentina |
- |
- |
- |
- |
| Bahamas |
- |
- |
- |
- |
| Barbados |
- |
- |
- |
- |
| Belize |
- |
- |
- |
- |
| Bolivia |
01/05/29 |
- |
- |
Yes |
| Brazil |
01/05/29 |
12/15/31 |
01/25/32
RA |
- |
| Canada |
- |
- |
- |
- |
| Chile |
01/05/29 |
12/30/29 |
02/27/30
RA |
Yes |
| Colombia |
01/05/29 |
01/28/38 |
07/12/38
RA |
Yes |
| Costa Rica |
01/05/29 |
- |
- |
Yes |
| Cuba |
01/05/29 |
10/09/30 |
11/08/30
RA |
- |
| Dominica |
- |
- |
- |
- |
| Ecuador |
01/05/29 |
06/24/37 |
11/03/37
RA |
Yes |
| El Salvador |
01/05/29 |
10/30/29 |
12/28/29
RA |
Yes |
| Grenada |
- |
- |
- |
- |
| Guatemala |
01/05/29 |
09/09/29 |
10/28/29
RA |
Yes |
| Guyana |
- |
- |
- |
- |
| Hait� |
01/05/29 |
03/08/33 |
04/04/33
RA |
- |
| Honduras |
01/05/29 |
11/30/36 |
02/09/37
RA |
Yes |
| Jamaica |
- |
- |
- |
- |
| M�xico |
01/05/29 |
11/08/29 |
01/06/30
RA |
Yes |
| Nicaragua |
01/05/29 |
07/09/30 |
06/15/32
RA |
- |
| Panam� |
01/05/29 |
12/30/32 |
01/20/33
RA |
- |
| Paraguay |
01/05/29 |
- |
- |
Yes |
| Per� |
01/05/29 |
01/04/34 |
05/23/34
RA |
- |
| Dominican Republic |
01/05/29 |
07/26/29 |
09/17/29
RA |
Yes |
| St. Kitts & Nevis |
- |
- |
- |
- |
| St. Lucia |
- |
- |
- |
- |
| St. Vincent & Grenadines |
- |
- |
- |
- |
| Suriname |
- |
- |
- |
- |
| Trinidad & Tobago |
- |
- |
- |
- |
| United States |
01/05/29 |
04/16/35 |
04/16/35
RA |
Yes |
| Uruguay |
01/05/29 |
- |
- |
Yes |
| Venezuela |
01/05/29 |
07/23/32 |
09/01/32
RA |
Yes |
*DECLARATIONS/RESERVATIONS/DENUNCIATIONS/WITHDRAWLS
Bolivia:
(Reservations made at the time of signature)
The Delegation of Bolivia in accordance with the doctrine
and policy invariably maintained by Bolivia in the field of
international jurisprudence, gives full adherence to and signs
the General Treaty of Inter-American Arbitration which the
Republics of America are to sanction, formulating the following
express reservations:
First:There may be excepted from the provisions of the
present agreement, questions arising from acts occurring or
conventions concluded before the said treaty goes into effect,
as well as those which, in conformity with international law,
are under the exclusive jurisdiction of the state.
Second:It is also understood that, for the submission
to arbitration of a territorial controversy or dispute, the
zone to which the said arbitration is to apply must be
previously determined in the arbitral agreement.
Colombia:
(Reservations made at the time of signature)
First:The obligations which the Republic of Colombia
may contract thereby refer to the differences which may arise
from acts subsequent to the ratification of the Convention.
Second: Except in the case of a denial of justice, the
arbitration provided for in this convention is not applicable
to the questions which may have arisen or which may arise
between a citizen, an association or a corporation of one of
the parties and the other contracting state when the judges or
courts of the latter state are, in accordance with its
legislation, competent to settle the controversy.
(Reservations made at the time of ratification)
With the reservations made at the time of signature.
Costa Rica:
(Reservations made at the time of signature)
(a) The obligations contracted under this Treaty do not
annul, abrogate, or restrict the arbitration conventions which
are now in force between Costa Rica and another or others of
the high contracting parties and do not involve arbitration,
disavowal, or renewed discussion of questions which may have
already been settled by arbitral awards.
(b) The obligations contracted under this Treaty do not
involve the arbitration of judgments handed down by the courts
of Costa Rica in civil cases which may be submitted to them and
with regard to which the interested parties have recognized the
jurisdiction of said courts.
Chile:
(Reservation made at the time of signature)
Chile does not accept obligatory arbitration for
questions which have their origin in situations or acts
antedating the present treaty nor does it accept obligatory
arbitration for those questions which, being under the
exclusive competency of the national jurisdiction, the
interested parties claim the right to withdraw from the
cognizance of the established judicial authorities, unless said
authorities decline to pass judgment on any action or exception
which any natural or juridical foreign person may present to
them in the form established by the laws of the country.
(Reservation made at the time of ratification)
With the reservation made at the time of signature.
Ecuador:
(Reservations made at the time of signature)
The Delegation of Ecuador, pursuant to instructions of its
Government, reserves from the jurisdiction of the obligatory
arbitration agreed upon in the present Treaty:
1. Questions at present governed by conventions or
treaties now in effect;
2. Those which may arise from previous causes or may
result from acts preceding the signature of this treaty;
3.Pecuniary claims of foreigners who may not have
previously exhausted all legal remedies before the courts of
justice of the country, it being understood that such is the
interpretation and the extent of the application which the
Government of Ecuador has always given to the Buenos Aires
Convention of August 11, 1910.
(Reservations made at the time of ratification)
With the purpose of seeking the most adequate means of
generalizing and making effective the American instruments of
peace, the Republic of Ecuador abandons the First and Second
Reservations made by the representative of Ecuador upon signing
the said General Treaty of Inter-American Arbitration, in
the said General Treaty of Inter-American Arbitration, in the
said General Treaty of Inter-American Arbitration, in
accordance with Article 1 of the Protocol of Progressive
Arbitration of January 5, 1929; which reservations were made in
this manner:
The Delegation of Ecuador, pursuant to instructions of its
Government, reserves from the jurisdiction of the obligatory
arbitration agreed upon in the present Treaty:
1.Questions at present governed by conventions or
treaties now in effect;
2.Those which may arise from previous causes or may
result from acts preceding the signature of this Treaty.
The Republic of Ecuador upon ratifying the present Treaty
maintains in effect the Third Reservation made by the
Plenipotentiary, Mr. Gonzalo Zaldumbide, the text of which
reads as follows:
3.Pecuniary claims of foreigners who may not have
previously exhausted all legal remedies before the courts of
justice of the country, it being understood that such is the
interpretation and the extent of the application which the
Government of Ecuador has always given to the Buenos Aires
Convention of August 11, 1910.
El Salvador:
(Reservations made at the time of signature)
The Delegation of El Salvador to the Conference on
Conciliation and Arbitration assembled in Washington accepts
and signs the General Treaty of Inter-American Arbitration
concluded this day by said Conference, with the following
reservations or restrictions:
1. After the words of paragraph 1 of Article 1 reading:
"under treaty or otherwise", the following words are to be
added: "subsequent to the present Convention". The article
continues without any other modification.
2. Paragraph (a) of Article 2 is accepted by the
Delegation without the final words which read: "and are not
controlled by international law," which should be considered as
eliminated.
3.This Treaty does not include controversies or
differences with regard to points or questions which, according
to the Political Constitution of El Salvador, must not be
submitted to arbitration, and
4. Pecuniary claims against the nation shall be decided
by its judges and courts, since they have jurisdiction thereof,
and recourse shall be had to international arbitration only in
the cases provided in the Constitution and laws of El Salvador,
that is in cases of denial of justice or unusual delay in the
administration thereof.
(Reservations made at the time of ratification)
With the reservations made at the time of signature.
Guatemala:
(Reservations made at the time of signature)
1. In order to submit to arbitration any questions
relating to the boundaries of the nation, the approval of the
Legislative Assembly must first be given, in each case, in
conformity with the Constitution of the Republic.
2. The provisions of the present Convention do not alter
or modify the conventions and treaties previously entered into
by the Republic of Guatemala.
(Reservations made at the time of ratification)
With the reservations made at the time of signature.
Honduras:
(Reservation made at the time of signature)
The Delegation of Honduras, in signing the present Treaty,
formulates an express reservation making it a matter of record
that the provisions thereof shall not be applicable to pending
international questions or controversies or to those which may
arise in the future relative to acts prior to the date on which
the said Treaty goes into effect.
(Reservation made at the time of ratification)
With the reservation made at the time of signature.
Mexico:
(Reservation made at the time of signature)
Mexico makes the reservation that differences, which fall
under the jurisdiction of the courts, shall not form a subject
of the procedure provided for by the Convention, except in case
of denial of justice, until after the judgment passed by the
competent national authority has been placed in the class of
res judicata.
(Reservation made at the time of ratification)
With the reservation made at the time of signature.
Paraguay:
(Reservation made at the time of signature)
I sign this treaty with the reservation that Paraguay
excludes from its application questions which directly or
indirectly affect the integrity of the national territory and
are not merely questions of frontiers or boundaries.
Dominican Republic:
(Reservation made at the time of signature)
The Dominican Republic, in signing the General Treaty of
Inter-American Arbitration, does so with the understanding that
controversies relating to questions which are under the
jurisdiction of its courts shall not be referred to arbitral
jurisdiction except in accordance with the principles of
international law.
(Reservation made at the time of ratification)
With the reservation made at the time of signature.
Uruguay:
(Reservation made at the time of signature)
I vote in favor of the Treaty of Arbitration, with the
reservation formulated by the Delegation of Uruguay at the
Fifth Pan American Conference, favoring broad arbitration; and
with the understanding that arbitration will be resorted to
only in case of denial of justice, when the national tribunals
have jurisdiction, according to the legislation of their own
country.
Venezuela:
(Reservations made at the time of signature)
First:There shall be excepted from this Treaty those
matters which, according to the Constitution or the laws of
Venezuela, are under the jurisdiction of its courts; and
especially those matters relating to pecuniary claims of
foreigners. In such matters arbitration shall not be resorted
to except when legal remedies having been exhausted by the
claimant it shall appear that there has been a denial of
justice.
Second:There shall also be excepted those matters
controlled by international agreements now in force.
(Reservations made at the time of ratification)
With the reservations made at the time of signature.
Denunciation: 09/08/81
United States:
(Reservation made at the time of ratification)
This Government ratified the Treaty "with the
understanding, made a part of such ratification, that the
special agreement in each case shall be made only by the
President, and then only by and with the advice and consent of
the Senate, provided two thirds of the Senators present
concur."
