Arbitration Act, 1933

Jurisdiction
Zambia
Citation
Chapter 40
Date
31 December 1996
Language
English
Type
Legislation
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Zambia

Arbitration Act, 1933

Chapter 40

  • Commenced on 5 April 1933
  • [This is the version of this document at 31 December 1996.]
[3 of 1933; Government Notice 497 of 1964; Statutory Instrument 152 of 1965]An Act relating to arbitration.

Part I – Preliminary

1. Short title

This Act may be cited as the Arbitration Act.

2. Interpretation

In this Act, unless the context otherwise requires—"the Court" means the High Court;"submission" means a written agreement to submit present or future differences to arbitration, whether an arbitrator is named therein or not.

Part II – General provisions relating to arbitration by consent out of Court

3. Submission to be irrevocable except by leave of Court

A submission, unless a different intention is expressed therein, shall be irrevocable, except by leave of the Court.

4. Provisions implied in submissions

A submission, unless a different intention is expressed therein, shall be deemed to include the provisions set forth in the First Schedule, in so far as they are applicable to the reference under submission.

5. Reference to arbitrator to be appointed by third person

The parties to a submission may agree that the reference shall be to an arbitrator or arbitrators to be appointed by a person designated therein. Such person may be designated either by name or as the holder for the time being of any office or appointment.

6. Power to stay proceedings where there is a submission

Where any party to a submission to which this Part applies, or any person claiming under him, commences any legal proceedings against any other party to the submission or any person claiming under him, in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance, and before filing a written statement, or taking any other steps in the proceedings, apply to the Court to stay the proceedings; and the Court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the submission, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.

7. Power for Court in certain cases to appoint an arbitrator, umpire or third arbitrator

(1)In any of the following cases:
(a)where a submission provides that the reference shall be to a single arbitrator, and all the parties do not, after differences have arisen, concur in the appointment of an arbitrator;
(b)if an appointed arbitrator neglects or refuses to act, or is incapable of acting, or dies, or is removed, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties do not supply the vacancy;
(c)where the parties or two arbitrators are at liberty to appoint an umpire or third arbitrator, and do not appoint him;
(d)where an appointed umpire or third arbitrator refuses to act, or is incapable of acting, or dies, or is removed, and the submission does not show that it was intended that the vacancy should not be supplied, and the parties or arbitrators do not supply the vacancy;
any party may serve the other parties or the arbitrators, as the case may be, with a written notice to concur in appointing an arbitrator, umpire or third arbitrator.
(2)If the appointment is not made within seven clear days after the service of the notice, the Court may, on application by the third party who gave the notice, and after giving the other party an opportunity of being heard, appoint an arbitrator, umpire or third arbitrator, who shall have the like powers to act in the reference, and make an award, as if he had been appointed by consent of all parties.

8. Power for parties in certain cases to supply vacancy

Where a submission provides that the reference shall be to two arbitrators, one to be appointed by each party, then, unless a different intention is expressed therein—
(a)if either of the appointed arbitrators refuses to act, or is incapable of acting, or dies, or is removed, the party who appointed him may appoint a new arbitrator in his place;
(b)if, on such a reference, one party fails to appoint an arbitrator, either originally or by way of substitution as aforesaid, for seven clear days after the other party, having appointed his arbitrator, has served the party making default with a written notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and his award shall be binding on both parties as if he had been appointed by consent:Provided that the Court may set aside any appointment made in pursuance of paragraph (b).

9. Power as to appointment of arbitrators where submission provides for three arbitrators

(1)Where a submission provides that the reference shall be to three arbitrators, one to be appointed by each party and the third to be appointed by the two appointed by the parties, then, unless the submission expresses a contrary intention—
(a)if one party fails to appoint an arbitrator for seven clear days after the other party, having appointed his arbitrator, has served the party making default with notice to make the appointment, the party who has appointed an arbitrator may appoint that arbitrator to act as sole arbitrator in the reference, and the award of the arbitrator so appointed shall be binding on both parties as if he had been appointed by consent;
(b)if after each party has appointed an arbitrator, the two arbitrators appointed fail to appoint a third arbitrator within seven clear days after the service by either party of a notice upon them to make the appointment, the Court may, on an application by the party who gave the notice, exercise in the place of the two arbitrators the power of appointing the third arbitrator;
(c)if an arbitrator, appointed either by one of the parties, by the arbitrators, or by the Court, refuses to act, or is incapable of acting, or dies, a new arbitrator may be appointed in his place by the party, arbitrators, or Court, as the case may be.
(2)The Court may set aside any appointment of a person to act as sole arbitrator made in pursuance of this section.

10. Power of arbitrator or umpire

The arbitrators or umpire acting under a submission shall, unless a different intention is expressed therein, have power—
(a)to administer oaths to the parties and witnesses appearing;
(b)to state a special case for the opinion of the Court, on any question of law involved; and
(c)to correct in an award any clerical mistake or error arising from any accidental slip or omission.

11. Award to be signed and filed

(1)When the arbitrators or umpire have made their award, they shall sign it, and shall give notice to the parties of the making and signing thereof, and of the amount of the fees and charges payable to the arbitrators or umpire in respect of the arbitration and award.
(2)The arbitrators or umpire shall, at the request of any party to the submission or any person claiming under him, and upon payment of the fees and charges due in respect of the arbitration and award, and of the costs and charges of filing the award, cause the award or a signed copy of it, to be filed in the Court; and notice of the filing shall be given to the parties by the arbitrators or umpire.
(3)Where the arbitrators or umpire state a special case under paragraph (b) of section ten, the Court shall deliver its opinion thereon; and such opinion shall be added to, and shall form part of, the award.

12. Process to summon witnesses

(1)The Court shall issue the same processes to the parties and any witness whom the arbitrator or umpire desires to examine, as the Court may issue in suits tried before it.
(2)Persons not attending in accordance with such process, or making any other default, or refusing to give their evidence, or guilty of any contempt to the arbitrator or umpire during the investigation of the matters referred, shall be subject to the like disadvantages, penalties and punishments, by order of the Court on the representation of the arbitrator or umpire, as they would incur for the like offences in suits tried before the Court.

13. Power for Court to enlarge time for making award

The time for making an award may, from time to time, be enlarged by order of the Court, whether the time for making the award has expired or not.

14. Power to remit award

(1)The Court may, from time to time, remit the award to the reconsideration of the arbitrators or umpire.
(2)Where an award is remitted, the arbitrators or umpire shall, unless the Court otherwise directs, make a fresh award within three months after the date of the order remitting the award.

15. Power to set aside award

Where an arbitrator or umpire has misconducted himself, or an arbitration or award has been improperly procured, the Court may set aside the award.

16. Award when filed to be enforceable as a decree

(1)An award on a submission on being filed in the Court in accordance with the foregoing provisions, shall (unless the Court remits it to the reconsideration of the arbitrators or umpire, or sets it aside) be enforceable as if it were a decree of the Court.
(2)An award may be conditional or in the alternative.

17. Power to remove arbitrator or umpire

Where an arbitrator or umpire has misconducted himself, the Court may remove him.

18. Costs

Any order made by the Court may be made on such terms as to costs or otherwise as the Court thinks fit.

19. Prescribed forms

The forms set forth in the Second Schedule, or forms similar thereto, with such variations as the circumstances of each case require, may be used for the respective purposes there mentioned and, if used, shall not be called into question.

20. Rules

The Court may make rules as to—
(a)the filing of awards and all proceedings consequent thereon or incidental thereto;
(b)the filing and hearing of special cases and all proceedings consequent thereon or incidental thereto;
(c)the staying of any suit or proceeding in contravention of a submission to arbitration; and
(d)the general conduct of all proceedings in court under this Act.

21. State to be bound

The provisions of this Part shall be binding on the State.[As amended by S.I. No. 152 of 1965]

22. Application of Part II to arbitration under certain contracts

Whenever in any contract it is directed or agreed that any arbitration under or in pursuance of such contract shall be under the Arbitration Act, 1889, of the United Kingdom, such contract shall be read as if this Part were substituted for the aforesaid Act.[As amended byS.I. No. 152 of 1965]

23. Application to statutory arbitration

This Part shall apply to arbitrations under any law applied to or any Act enacted in Zambia before or after the commencement of this Act as if the arbitration were pursuant to a submission, except in so far as this Part is inconsistent with the applied law or Act regulating the arbitration or with any rules or procedure authorised or recognised by that law or Act.

24. Saving for arbitrations commenced

Nothing in this Part shall affect any matter already referred to arbitrators at the commencement of this Act, but this Part shall apply to every arbitration commenced after the commencement of this Act under any agreement or order previously made.

Part III – Provisions relating to the Protocol set forth in the Third Schedule

25. Staying of court proceedings in respect of matters to be referred to arbitration

Notwithstanding anything in Part II herein, if any party to a submission made in pursuance of an agreement to which the Protocol on arbitration signed on behalf of His Britannic Majesty at a meeting of the Assembly of the League of Nations on the 24th September, 1923, which Protocol is set forth in the Third Schedule, applies, or any person claiming through or under him, commences any legal proceedings in any court against any other party to the submission or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking other steps in the proceedings, apply to that court to stay the proceedings, and that court, unless satisfied that the agreement or arbitration has become inoperative or cannot proceed, or that there is not in fact any dispute between the parties with regard to the matter agreed to be referred, shall make an order staying the proceedings.[As amended by S.I. No. 152 of 1965]

Part IV – Provisions relating to the Convention set forth in the Fourth Schedule

26. Application of Part IV

The provisions of this Part apply to any award made after the 28th July, 1924—
(a)in pursuance of an agreement for arbitration to which the Protocol set out in the Third Schedule applies; and
(b)between persons of whom one is subject to the jurisdiction of some one of such Powers as His Britannic Majesty, being satisfied that reciprocal provisions have been made, may have declared to be parties to the Convention on the Execution of Foreign Arbitral Awards signed at Geneva on behalf of His Britannic Majesty on the 26th September, 1927, which Convention is set forth in the Fourth Schedule, and of whom the other is subject to the jurisdiction of some other of the Powers aforesaid; and
(c)in one of such territories as His Britannic Majesty, being satisfied that reciprocal provisions have been made, may have declared to be territories to which the said Convention applies;
and an award to which the provisions of this Part apply is in this Part referred to as "a foreign award".[As amended byS.I. No. 152 of 1965]

27. Effect of foreign awards

(1)A foreign award shall, subject to the provisions of this Part, be enforceable in the Court either by action or under the provisions of section sixteen of Part II.
(2)Any foreign award which would be enforceable under this Part shall be treated as binding for all purposes on the persons as between whom it was made, and may accordingly be relied on by any of those persons by way of defence, set-off or otherwise in any legal proceedings, and any references in this Part to enforcing a foreign award shall be construed as including references to relying on an award.

28. Conditions for enforcement of foreign awards

(1)In order that a foreign award may be enforceable under this Part, it must have—
(a)been made in pursuance of an agreement for arbitration which was valid under the law by which it was governed;
(b)been made by the tribunal provided for in the agreement or constituted in manner agreed upon by the parties;
(c)been made in conformity with the law governing the arbitration procedure;
(d)become final in the country in which it was made;
(e)been in respect of a matter which may lawfully be referred to arbitration under the law of Zambia;
and the enforcement thereof must not be contrary to the public policy or the law of Zambia.
(2)Subject to the provisions of this subsection, a foreign award shall not be enforceable under this Part if the Court is satisfied that—
(a)the award has been annulled in the country in which it was made; or
(b)the party against whom it is sought to enforce the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case, or was under some legal incapacity and was not properly represented; or
(c)the award does not deal with all the questions referred or contains decisions on matters beyond the scope of the agreement for arbitration:Provided that, if the award does not deal with all the questions referred, the Court may, if it thinks fit, either postpone the enforcement of the award or order its enforcement, subject to the giving of such security by the person seeking to enforce it as the Court may think fit.
(3)If a party seeking to resist the enforcement of a foreign award proves that there is any ground other than the non-existence of the conditions specified in paragraphs (a), (b), and (c) of subsection (1), or the existence of the conditions specified in paragraphs (b) and (c) of subsection (2), entitling him to contest the validity of the award, the Court may, if it thinks fit, either refuse to enforce the award or adjourn the hearing until after the expiration of such period as appears to the Court to be reasonably sufficient to enable that party to take the necessary steps to have the award annulled by the competent tribunal.

29. Evidence

(1)The party seeking to enforce a foreign award must produce—
(a)the original award or a copy thereof duly authenticated in manner required by the law of the country in which it was made; and
(b)evidence proving that the award has become final; and
(c)such evidence as may be necessary to prove that the award is a foreign award and that the conditions mentioned in paragraphs (a), (b) and (c) of subsection (1) of section twenty-eight are satisfied.
(2)In any case where any document required to be produced under subsection (1) is in a foreign language, it shall be the duty of the party seeking to enforce the award to produce a translation certified as correct by a diplomatic or consular agent of the country to which that party belongs, or certified as correct in such other manner as may be sufficient according to the law of Zambia.
(3)Subject to the provisions of this section, the Court may make rules with respect to the evidence which must be furnished by a party seeking to enforce an award under this Part.

30. Meaning of "final award"

For the purposes of this Part, an award shall not be deemed final if any proceedings for the purpose of contesting the validity of the award are pending in the country in which it was made.

31. Saving

Nothing in this Part shall—
(a)prejudice any rights which any person would have had of enforcing in Zambia any award or of availing himself in Zambia of any award if this Part had not been enacted; or
(b)apply to any award made on an arbitration agreement governed by the law of Zambia.

First Schedule (Section 4)

Provisions to be implied in submissions

1.If no other mode of reference is provided, the reference shall be to a single arbitrator.
2.If the reference is to two arbitrators, the two arbitrators may appoint an umpire at any time within the period during which they have power to make an award.
3.The arbitrators shall make their award in writing within three months after entering on the reference, or after having been called on to act by notice in writing from any party to the submission, or on or before any later day to which the arbitrators, by any writing signed by them may, from time to time, enlarge the time for making the award.
4.If the arbitrators have allowed their time or extended time to expire without making an award, or have delivered to any party to the submission or to the umpire, a notice in writing stating that they cannot agree, the umpire may forthwith enter on the reference in lieu of the arbitrators.
5.The umpire shall make his award within one month after the original or extended time appointed for making the award of the arbitrators has expired, or on or before any later day to which the umpire, by any writing signed by him, may, from time to time, enlarge the time for making his award.
6.The parties to the reference, and all persons claiming through them respectively shall, subject to any legal objection, submit to be examined by the arbitrators or umpire on oath or affirmation in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrators or umpire all books, deeds, papers, accounts, writings and documents within their possession or power respectively which may be required or called for and do all other things which, during the proceedings on the reference, the arbitrators or umpire may require.
7.The witnesses on the reference shall, if the arbitrators or umpire think fit, be examined on oath.
8.The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.
9.The cost of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom, and in what manner, those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof and may award costs to be paid as between solicitor and client.

Second Schedule (Section 19)

Prescribed forms

Form 1 Submission to single arbitrator

In the matter of the Arbitration Act:Whereas differences have arisen and are still subsisting between A. B., of _____________________and C. D., of _________________________________________________________concerning ___________________________________________________________________________________________________________________________________________________________________________NOW WE, the said A. B. and C. D., do hereby agree to refer the said matters in difference to the award of X. Y.
(Signed)A. B.
C. D.Dated the _________________ 19 _______.

Form 2 Appointment of single arbitrator under agreement to refer future differences to arbitration

In the matter of the Arbitration Act:WHEREAS by an agreement in writing dated the ______________________________________day of 19 _____, and made between A. B., of ___________________ and C. D., of ________________ it is that differences between the parties thereto shall be referred to an arbitrator as therein mentioned.AND WHEREAS differences within the meaning of the said provision have arisen and are still subsisting between the said parties concerning ____________________________________________________________________________________________________________________________________________________NOW WE, the said parties, A. B. and C. D., do hereby refer the said matters in difference to the award of X. Y.
(Signed)A. B.
C. D.Dated the ___________________ 19 ___________.

Form 3 Enlargement of time by arbitrator by endorsement on submission

In the matter of the Arbitration Act, and an arbitration between A. B., of ____________________and C. D., of _____________________________________________I hereby enlarge the time of making my award in respect of the matters in difference referred to me by the within (or above) submission until the ________________________ day of __________________ 19 ______.
(Signed)X. Y.,
Arbitrator

Form 4 Case stated for opinion of Court

In the matter of the Arbitration Act, and an arbitration between A. B., of __________________________and C. D., of _____________________________________________The following special case is, pursuant to the provisions of paragraph (b) of section ten of the said Act, stated for the opinion of the High Court _________________________________________(Here state the facts concisely in numbered paragraphs.)The questions of law for the opinion of the said Court are:First, whether _____________________________________________________________________________________________________________Secondly, whether __________________________________________________________________________________________________
(Signed)X. Y.,
ArbitratorDated the __________________________ 19 ________.

Form 5 Award

In the matter of the Arbitration Act, and an arbitration between A. B., of __________________and C. D., of _________________________________________WHEREAS, in pursuance of an agreement in writing dated the ___________________________________day of ___________________________________ 19 _______, made between A. B., of _______________________________and C. D., of_________________________, the said A. B. and C. D. have referred to me, X. Y., the matters in difference between them concerning (or as the case may be) ___________________________________________________________________________________________________________________NOW, I, the said X. Y., having duly considered the matters submitted to me, do hereby make an award as follows:I award:
(1)That _________________________________________________________________________________________________________________________________________________________________________________________
(2)That _________________________________________________________________________________________________________________________________________________________________________________________
(Signed)X. Y.,
ArbitratorDated the _____________________ 19 ________.

Third Schedule (Section 25)

Protocol on arbitration clauses

1.Each of the Contracting States recognises the validity of an agreement whether relating to existing or future differences between parties, subject respectively to the jurisdiction of different Contracting States by which the parties to a contract agree to submit to arbitration all or any differences that may arise in connection with such contact relating to commercial matters or to any other matter capable of settlement by arbitration, whether or not the arbitration is to take place in a country to whose jurisdiction none of the parties is subject.Each Contracting State reserves the right to limit the obligation mentioned above to contracts which are considered as commercial under its national law. Any Contracting State which avails itself of this right will notify the Secretary-General of the United Nations, in order that the other Contracting States may be so informed.
2.The arbitral procedure, including the constitution of the arbitral tribunal, shall be governed by the will of the parties and by the law of the country in whose territory the arbitration takes place.The Contracting States agree to facilitate all steps in the procedure which require to be taken in their own territories, in accordance with the provisions of their law governing arbitral procedure applicable to existing differences.
3.Each Contracting State undertakes to ensure the execution by its authorities and in accordance with the provisions of its national laws of arbitral awards made in its own territory under the preceding articles.
4.The tribunals of the Contracting Parties on being seized of a dispute regarding a contract made between persons to whom Article 1 applies and including an arbitration agreement whether referring to present or future differences which is valid in virtue of the said article and capable of being carried into effect, shall refer the parties on the application of either of them to the decision of the arbitrators.Such reference shall not prejudice the competence of the judicial tribunals in case the agreement or the arbitration cannot proceed or become inoperative.
5.The present Protocol, which shall remain open for signature by all States, shall be ratified. The ratifications shall be deposited as soon as possible with the Secretary-General of the United Nations, who shall notify such deposit to all signatory States.
6.The present Protocol shall come into force as soon as two ratifications have been deposited. Thereafter it will take effect, in the case of each Contracting State, one month after the notification by the Secretary-General of the deposit of its ratifications.
7.The present Protocol may be denounced by any Contracting State on giving one year's notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the United Nations, who will immediately transmit copies of such notification to all the other signatory States and inform them of the date on which it was received. The denunciation shall take effect one year after the date on which it was notified to the Secretary-General, and shall operate only in respect of the notifying State.
8.The Contracting States may declare that their acceptance of the present Protocol does not include any or all of the undermentioned territories: that is to say, their colonies, overseas possessions or territories, protectorates or the territories over which they exercise a mandate.The said States may subsequently adhere separately on behalf of any territory thus excluded. The Secretary-General of the United Nations shall be informed as soon as possible of such adhesions. He shall notify such adhesions to all signatory States. They will take effect one month after the notification by the Secretary-General to all signatory States.The Contracting States may also denounce the Protocol separately on behalf of any of the territories referred to above. Article 7 applies to such denunciation.

Fourth Schedule (Section 26)

Convention on the Execution of Foreign Arbitral Awards

Article 1

In the territories of any High Contracting Party to which the present Convention applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences (hereinafter called "a submission to arbitration") covered by the Protocol on Arbitration Clauses opened at Geneva on 24th September, 1923, shall be recognised as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award is relied upon, provided that the said award has been made in a territory of one of the High Contracting Parties to which the present Convention applies and between persons who are subject to the jurisdiction of one of the High Contracting Parties.To obtain such recognition or enforcement, it shall, further, be necessary—
(a)that the award has been made in pursuance of a submission to arbitration which is valid under the law applicable thereto;
(b)that the subject-matter of the award is capable of settlement by arbitration under the law of the country in which the award is sought to be relied upon;
(c)that the award has been made by the arbitral tribunal provided for in the submission to arbitration or constituted in the manner agreed upon by the parties and in conformity with the law governing the arbitration procedure;
(d)that the award has become final in the country in which it has been made, in the sense that it will not be considered as such if it is open to opposition appel or pourvoi en cassation (in the countries where such forms of procedure exist) or if it is proved that any proceedings for the purpose of contesting the validity of the award are pending;
(e)that the recognition or enforcement of the award is not contrary to the public policy or to the principles of the law of the country in which it is sought to be relied upon.

Article 2

Even if the conditions laid down in Article 1 hereof are fulfilled, recognition and enforcement of the award shall be refused if the Court is satisfied—
(a)that the award has been annulled in the country in which it was made;
(b)that the party against whom it is sought to use the award was not given notice of the arbitration proceedings in sufficient time to enable him to present his case; or that being under a legal incapacity, he was not properly represented;
(c)that the award does not deal with the differences contemplated by or falling within the terms of the submission to arbitration or that it contains decisions on matters beyond the scope of the submission to arbitration.
If the award has not covered all the questions submitted to the arbitral tribunal, the competent authority of the country where recognition or enforcement of the ward is sought can, if it thinks fit, postpone such recognition or enforcement or grant it subject to such guarantee as that authority may decide.

Article 3

If the party against whom the award has been made proves that, under the law governing the arbitration procedure, there is a ground, other than the grounds referred to in Article 1 (a) and (c), and Article 2 (b) and (c), entitling him to contest the validity of the award in a Court of Law, the Court may, if it thinks fit, either refuse recognition or enforcement of the award or adjourn the consideration thereof giving such party a reasonable time within which to have the award annulled by the competent tribunal.

Article 4

The party relying upon an award or claiming its enforcement must supply, in particular—
(a)the original award or a copy thereof duly authenticated, according to the requirements of the law of the country in which it was made;
(b)documentary or other evidence to prove that the award has become final, in the sense defined in Article 1 (d), in the country in which it was made;
(c)when necessary, documentary or other evidence to prove that the conditions laid down in Article 1, paragraph 1 and paragraph 2 (a) and (c), have been fulfilled.
A translation of the award and of the other documents mentioned in this Article into the official language of the country where the award is sought to be relied upon may be demanded. Such translation must be certified correct by a diplomatic or consular agent of the country to which the party who seeks to rely upon the award belongs or by a sworn translator of the country where the award is sought to be relied upon.

Article 5

The provisions of the above Articles shall not deprive any interested party of the right of availing himself of an arbitral award in the manner and to the extent allowed by the law or the treaties of the country where such award is sought to be relied upon.

Article 6

The present Convention applies only to arbitral awards made after the coming into force of the Protocol on Arbitration Clauses, opened at Geneva on 24th September, 1923.

Article 7

The present Convention, which will remain open to the signature of all the signatories of the Protocol of 1923 on Arbitration Clauses, shall be ratified.It may be ratified only on behalf of those Members of the United Nations and non-Member States on whose behalf the Protocol of 1923 shall have been ratified.Ratifications shall be deposited as soon as possible with the Secretary-General of the United Nations, who will notify such deposit to all the signatories.

Article 8

The present Convention shall come into force three months after it shall have been ratified on behalf of two High Contracting Parties. Thereafter, it shall take effect, in the case of each High Contracting Party, three months after the deposit of the ratification on its behalf with the Secretary-General of the League of Nations.

Article 9

The present Convention may be denounced on behalf of any Member of the United Nations or non-Member State. Denunciation shall be notified in writing to the Secretary-General of the United Nations, who will immediately send a copy thereof certified to be in conformity with the notification, to all the other Contracting Parties, at the same time informing them of the date on which he received it.The denunciation shall come into force only in respect of the High Contracting Party which shall have notified it and one year after such notification shall have reached the Secretary-General of the United Nations.The denunciation of the Protocol on Arbitration Clauses shall entail, ipso facto, the denunciation of the present Convention.

Article 10

The present Convention does not apply to the colonies, protectorates or territories under suzerainty or mandate of any High Contracting Party unless they are specially mentioned.The application of this Convention to one or more of such colonies, protectorates or territories to which the Protocol on Arbitration Clauses, opened at Geneva on 24th September, 1923, applies, can be effected at any time by means of a declaration addressed to the Secretary-General of the United Nations by one of the High Contracting Parties.Such declaration shall take effect three months after the deposit thereof.The High Contracting Parties can at any time denounce the Convention for all or any of the colonies, protectorates or territories referred to above. Article 9 hereof applies to such denunciation.

Article 11

A certified copy of the present Convention shall be transmitted by the Secretary-General of the United Nations to every Member of the United Nations and to every non-Member State which signs the same.
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History of this document

31 December 1996 this version
Consolidation
05 April 1933
Commenced