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Agreement
relating to Application
of the European Convention on International Commercial Arbitration
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Done at Paris, 17 December 1962
entered into force, 25 January 1965
United Nations, Treaty Series, vol. 523, p. 94, No. 7555 (1965)
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The signatory Governments of
the member States of the Council of Europe,
Considering that a European Convention on International Commercial
Arbitration was opened for signature at Geneva on 21st April 1961;
Considering, however, that certain measures relating to the
organisation of the arbitration, provided for in Article IV of the
Convention, are not to be recommended except in the case of disputes
between physical or legal persons having, on the one hand, their
habitual place of residence or seat in Contracting States where,
according to the terms of the Annex to the Convention, there exist
National Committees of the International Chamber of Commerce, and,
on the other, in States where no such Committees exist;
Considering that under the terms of paragraph 7 of Article X of the
said Convention the provisions of that Convention shall not affect
the validity of multilateral or bilateral agreements concerning
arbitration entered into by States which are Parties thereto;
Without prejudice to the intervention of a Convention relating to a
uniform law on arbitration now being drawn up within the Council of
Europe,
Have agreed as follows: |
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Article 1
In relations between physical or legal persons whose habitual
residence or seat is in States Parties to the present Agreement,
paragraphs 2 to 7 of Article IV of the European Convention on
International Commercial Arbitration, opened for signature at Geneva
on 21st April 1961, are replaced by the following provision:
"If the arbitral Agreement contains no indication regarding the
measures referred to in paragraph 1 of Article IV of the European
Convention on International Commercial Arbitration as a whole, or
some of these measures, any difficulties arising with regard to the
constitution or functioning of the arbitral tribunal shall be
submitted to the decision of the competent authority at the request
of the party instituting proceedings." |
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Article 2
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This Agreement shall be open for signature by the member States
of the Council of Europe. It shall be ratified or accepted.
Instruments of ratification or acceptance shall be deposited
with the Secretary-General of the Council of Europe.
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Subject to the provisions of Article 4, this Agreement shall
come into force thirty days after the date of deposit of the
second instrument of ratification or acceptance.
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Subject to the provisions of Article 4, in respect of any
signatory Government ratifying or accepting it subsequently, the
Agreement shall come into force thirty days after the date of
deposit of its instrument of ratification or acceptance.
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Article 3
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After the entry into force of this Agreement, the Committee of
Ministers of the Council of Europe may invite any State which is
not a member of the Council and in which there exists a National
Committee of the International Chamber of Commerce to accede to
this Agreement.
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Accession shall be effected by the deposit with the
Secretary-General of the Council of Europe of an instrument of
accession, which shall take effect, subject to the provisions of
Article 4, thirty days after the date of its deposit.
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Article 4
The entry into force of this Agreement in respect of any State after
ratification, acceptance or accession in accordance with the terms
of Articles 2 and 3 shall be conditional upon the entry into force
of the European Convention on International Commercial Arbitration
in respect of that State. |
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Article 5
Any Contracting Party may, in so far as it is concerned,
denounce this Agreement by giving notice to the Secretary-General of
the Council of Europe. Denunciation shall take effect six months
after the date of receipt by the Secretary-General of the Council of
such notification. |
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Article 6
The Secretary-General of the Council of Europe shall notify
member States of the Council and the Government of any State which
has acceded to this Agreement of:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance or
accession;
(c) any date of entry into force;
(d) any notification received in pursuance of the provisions of
Article 5. |
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IN WITNESS WHEREOF, the
undersigned, being duly authorised thereto, have signed this
Agreement.
DONE at Paris, this 17th day of December 1962 in English and in
French, both texts being equally authoritative, in a single copy
which shall remain deposited in the archives of the Council of
Europe. The Secretary-General shall transmit certified copies to
each of the signatory and acceding Governments. |
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LIST OF CONTRACTING STATES
Austria
Belgium
Denmark
France
Germany, Federal Republic of
Italy
Luxembourg |
