16
4. The tribunals of the Contracting Parties, on being seized of a dispute regarding a contract made between persons to whom Article I 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 the to the decision of the arbitratora.
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 possibl with the Secretary-General of the League of Nations, who shall notify such deposit to all the 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 deposíl of its ratification.
7. The present Protozol may be denounced by any Contracting State on giving coc year's notice. Denunciation shall be effected by a notification addressed to the Secretary-General of the League, who will immediately transmit copies of such notification to all the other signatory States and inform them of the date of 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 to say, their colonics, overscas 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 League of Nations shall be informed as soon as possible of such adhesions. He shall notify auch 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.
SECOND SCHEDULE.
CONVENTION on the ExecUTION OF FOREIGN ÁRBITBAL AWARDS SIGNED AT Geneya con BeHALF OF HIS MAJESTY ON THE 26th Day of September. 1927.
Article A
[s. 36.]
In the territories of any High Contracting Party to which the present Conven tion applies, an arbitral award made in pursuance of an agreement, whether relating to existing or future differences thereinafter called "a submission arbitration") covered by the Protocol on Arbitration Clauses, opened at Genevi on September 24, 1923, shall be recognized as binding and shall be enforced in accordance with the rules of the procedure of the territory where the award it relied upon, provided that the said award has been made in a territory of ot 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 Contrac ing 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 arbitra-
tion which is valid under the law applicable thereto;
17
(6) that the subject-matter of the award is capable of settlement by arbitra- tion 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 pourvol en cassarion (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 Ardcle 1 hereof are fulfilled, recognition Jod 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 mot 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 if 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 enforce- went of the award 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 (e), 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 con- sideration 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 particolar
(1) The original award or a copy thereof duly authenticated, according to
the requirements of the law of the country in which it was made: (2) Documentary or other evidence to prove that the award has become final, in the scase defined in Article ¡(d), in the country in which it was made;
(3) When necessary, documentary or other evidence to prove that the condi- tions laid down in Article 1, paragraph 1 and paragraph 2(0) and (c), bave 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