How arbitration works
Enforcing awards under the New York Convention
Short answer
- Done at New York
- 10 June 1958 1
- Entry into force
- 7 June 1959 2
- Parties
- 172, per the UNCITRAL status page read on 24 October 2026 3
- Most recent accession listed
- Timor-Leste, 17 January 2023 3
- US time limit to confirm
- Three years after a Convention award is made 5
- Documents needed
- Authenticated award and the arbitration agreement, or certified copies 1
What the Convention covers
Article I(1) applies the Convention to arbitral awards made in the territory of a State other than the one where recognition and enforcement are sought 1. It covers differences between persons, whether physical or legal 1. UNCITRAL describes the Convention as obliging its parties to have such awards recognised and capable of enforcement in their jurisdiction 2.
States may limit their obligations. Under Article I(3), a State may declare on the basis of reciprocity that it will apply the Convention only to awards made in another Contracting State 1. The UNCITRAL status page marks States that made this declaration, and those that apply the Convention only to commercial relationships 3.
Who has joined
The UNCITRAL status page lists 172 parties and shows no update date 3. The most recent accessions it lists are Timor-Leste on 17 January 2023, Suriname on 10 November 2022 and Turkmenistan on 4 May 2022 3. Iraq acceded on 11 November 2021 and Belize on 15 March 2021 3.
What the applicant must supply
Under Article IV(1), the party applying supplies the duly authenticated original award or a certified copy, and the original arbitration agreement or a certified copy 1. Under Article III, a State shall not impose substantially more onerous conditions or higher fees than for domestic awards, and enforcement follows the rules of procedure of the place where the award is relied on 1.
The grounds for refusal
Article V sets a closed list. The first five must be proved by the party resisting enforcement 1. The last two can be found by the court itself 1.
| Ground | Article | Who raises it |
|---|---|---|
| Incapacity of a party or invalid arbitration agreement 1 | V(1)(a) 1 | Resisting party, with proof 1 |
| No proper notice or unable to present its case 1 | V(1)(b) 1 | Resisting party, with proof 1 |
| Award goes beyond the submission to arbitration 1 | V(1)(c) 1 | Resisting party, with proof 1 |
| Tribunal or procedure not as agreed or as the seat's law requires 1 | V(1)(d) 1 | Resisting party, with proof 1 |
| Award not yet binding, or set aside or suspended at the seat 1 | V(1)(e) 1 | Resisting party, with proof 1 |
| Subject matter not arbitrable in the enforcing State 1 | V(2)(a) 1 | Court 1 |
| Enforcement contrary to the enforcing State's public policy 1 | V(2)(b) 1 | Court 1 |
When a set-aside case is pending
If a party has applied at the seat to set aside or suspend the award, Article VI lets the enforcing court adjourn its decision 1. On the application of the party seeking enforcement, that court may order the other party to give suitable security 1. The English Arbitration Act 1996 has the same power to adjourn in section 103(5) 4.
How national laws apply it
Courts apply the Convention through national statutes. In England and Wales, section 103 of the Arbitration Act 1996 says recognition or enforcement of a New York Convention award shall not be refused except in the listed cases, including where it would be contrary to public policy 4. In the United States, 9 U.S.C. § 207 lets any party apply to a court within three years after a Convention award is made, and the court confirms it absent a Convention ground for refusal 5.
States that adopted the UNCITRAL Model Law have Articles 35 and 36, which apply to awards irrespective of the country where they were made and list the same refusal grounds 6.
ICSID awards follow a different route
ICSID Convention awards do not rely on the New York Convention. Each ICSID Contracting State enforces the pecuniary obligations of an ICSID award as if it were a final judgment of its own courts 7. Article 55 says this does not change any Contracting State's law on immunity from execution 7.
Common questions
How many countries have signed the New York Convention?
UNCITRAL lists 172 parties 3.
Can a court refuse to enforce a foreign arbitration award?
Yes, but only on the Article V grounds, such as lack of notice, an award set aside at the seat, or public policy 1.
Does a court review the merits of the award?
The Convention's refusal grounds are the closed list in Article V 1. The English statute says enforcement shall not be refused except in the listed cases 4.
How long do I have to enforce a foreign award in the US?
Three years after the award is made, under 9 U.S.C. § 207 5.
Do ICSID awards need the New York Convention?
No. They are enforced under Article 54 of the ICSID Convention 7.
Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@arbitrationawardsdata.com.
Sources
- United Nations Treaty Collection: Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958, certified true copy
- UNCITRAL: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention")
- UNCITRAL: Status: Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 1958) (the "New York Convention")
- legislation.gov.uk: Arbitration Act 1996, section 103
- GovInfo: United States Code, 2023 edition, 9 U.S.C. 207, Award of arbitrators, confirmation, jurisdiction, proceeding
- UNCITRAL: UNCITRAL Model Law on International Commercial Arbitration 1985, With amendments as adopted in 2006 (2008)
- ICSID: Convention, Regulations and Rules, ICSID/15/Rev. 3 (July 2022)
Related
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- Set-aside and annulment compared
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- Investor-state and commercial arbitration compared
How investor-state and commercial arbitration differ on parties, consent, applicable law, transparency and enforcement, with official caseload figures.
- ICSID explained
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- How to read an arbitration case page
A field-by-field guide to ICSID case pages, the PCA case list, CAS award publication and the UNCTAD navigator, and what each one does not show.