XXII.1: Foreign arbitral awards
Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, the United States of America and the French Republic, that Berlin (West) is not a cons- tituent part of the Federal Republic of Germany and not to be governed by it. The statements by the Federal Republic of Germany to the effect that these Conventions also apply to "Land Berlin" are therefore contrary to the Quadri- partite Agreement, which states further that treaties affecting matters of security and status may not be extended to Berlin (West) by the Federal Republic of Germany. The statements by the Federal Republic of Germany cannot therefore have legal effects.
In regard to the latter declaration, the Secretary-General received on 26 January 1976 from the Governments of France, the United Kingdom of Great Britain and Northern Ireland and the United States of America a communication confirming their previous declarations. Subsequently, on 24 February 1976, the Secretary-General received from the Government of the Federal Republic of Germany ૩ communication which states in part: "The Government of the Federal Republic of Germany, on the basis of the legal situation set out in the [Note] of the Three Powers, wishes to confirm that the application in Berlin (West) of the above- mentioned [Convention] extended by it under the established procedures continues in full force and effect."
See also note 2 above.
4/ Accession by the United Arab Republic, see note 3 in chapter I.1.
5/ The declaration made upon signature and contained in the Final Act read as follows:
the
"If another Contracting Party extends application of the Convention to territories which fall within the sovereignty of the Argentine Republic, the rights of the Argentine Republic shall in no way be affected by that extension."
6/ In a communication received on 25 February 1988, the Government of Austria notified the Secretary-General of its decision to withdraw as from that date, the following reservation, made upon accession to Convention:
The Republic of Austria will apply the Con- vention, in accordance with the first sentence of article I (3) thereof, only to the recogni- tion and enforcement of arbitral awards made in the territory of another Contracting State.
7/ In a communication received by the Secretary-General on 23 June 1980, the Government of Israel declared the following:
"The Government of Israel has noted the poli- tical character of the statement made by the Government of Jordan. In the view of the Govern- ment of Israel, this Convention is not the proper place for making such political pro- nouncements. Moreover, the said declaration cannot in any way affect whatever obligations are binding upon Jordan under general interna- tional law or under particular conventions.
"Insofar as concerns the substance of the matter, the Government of Israel will adopt towards the Government of Jordan an attitude of complete reciprocity."
A communication identical in essence, mutatis mutandis, was received by the Secretary-General, on 22 September 1988, from the Government of Israel in respect of the declaration made by Bahrain upon accession.
8/
The declaration by Canada received on 20 May 1987, and which originally comprised two parts, was been made after accession. It was communicated by the Secretary-General to all States. None of the Contracting Parties having expressed an objection within a period of 90 days from the date of the above-mentioned communica- tion [22 July 1987], the declaration was deemed to have been accepted and replaces the declaration made upon accession which read as follows:
"The Government of Canada declares, with respect to the Province of Alberta, that it will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State.
"The Government of Canada declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the national law of Canada." Subsequently, on 25 November 1988, the Govern- ment of Canada notified the Secretary-General of its decision to withdraw, with effect from that date, the second part of its revised declara- tion received on 20 May 1987 which read as follows:
"The Government of Canada declares, with respect to the Province of Saskatchewan, that it will apply the Convention only to the recognition and enforcement of awards made in the territory of another Contracting State."
9/ November 1989, the Government of France notified the Secretary-General of its decision to withdraw, with effect from that date, the second declaration made upon ratification. For the text of the declaration SO withdrawn, see United Nations, Treaty Series, vol. 336, p. 426.
In a communication received on 27
10/
Since the declaration [by Greece] [by the United Kingdom] had been made after accession, it was communicated by the Secretary- General to all States concerned on 10 June 1980. None of the Contracting Parties having expressed an objection within a period of 90 days from the date of the above-mentioned communication, the declaration was deemed to have been accepted.
11/ In a latter declaration dated 28 June 1982, the Government of Yugoslavia specified that the first reservation only constituted an affirma- tion of the legal principle of retraoactivity and that the third reservation being essentially in accordance with article I(3) of the Convention, the word "only" was therefore to be added to the original text and note taken that the word "economic" had been used therein as a synonym for "commercial".
12/
At the time of acceding to the Convention the Government of Denmark declared, in accordance with article X (1), that it would not apply for the time being
the Faeroe Islands and Greenland.
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