• Français
  • |
  • Contact Us

Home Page

  • Home
  • Overview
    • Glossary
    • FAQ
    • Sitemap
    • Contact Us
  • Depositary
    • Status of Treaties
    • Depositary Notifications
    • Certified True Copies
    • Photos of Treaty Ceremonies
    • Model Instruments
    • Titles of Treaties
    • League of Nations Treaties
    • Status of treaties (1959-2009)
  • Registration & Publication
    • UN Treaty Series
    • Monthly Statements
    • Cumulative Index
    • League of Nations Treaty Series
    • Registration Checklist
    • Publication Checklist
    • Limited Publication Policy
    • Technical Guidelines
  • Resources
    • Treaty Handbook
    • Final Clauses Handbook
    • Summary of Practice
    • General Assembly Resolutions
    • Notes verbales
    • Regulations
    • Secretary-General Bulletin
    • Model Instruments
    • Model Certifying Statement
  • Training
    • UN Headquarters
    • Regional
    • Legal Technical Assistance
  • Treaty Events
    • Current Event
    • Past Events
    • Special Events
Image Loading..

Depositary

  • Status of Treaties
  • Depositary Notifications
  • Certified True Copies
  • Photos of Treaty Ceremonies
  • Model Instruments
  • Titles of Treaties
  • League of Nations Treaties
  • Status of treaties (1959-2009)
  • Automated Subscription Services
  • PRINT
  • SEND MAIL
  • VIEW PDF
  • FULL DETAILS
  • VIEW CTC
  • VIEW XML
  • BOOKMARK
6.Protocol on Arbitration Clauses
Geneva, 24 September 1923
Entry into force
:
28 July 1924, in accordance with article 6.
Registration :
28 July 1924, No. 678
Text :
League of Nations, Treaty Series , vol.27, p.157.
Ratifications
Albania

(August 29th, 1924)

Austria

(January 25th, 1928)

Belgium

(September 23rd, 1924)

Reserves the right to limit the obligation mentioned in the first paragraph of Article 1 to contracts which are considered as commercial under its national law.

Brazil

(February 5th, 1932)

Subject to the condition that the arbitral agreement or the arbitration clause mentioned in Article 1 of this Protocol should be limited to contracts which are considered as commercial by the Brazilian legislation.

British Empire

(September 27th, 1924)

Applies only to Great Britain and Northern Ireland, and consequently does not include any of the Colonies, Overseas Possessions or Protectorates under His Britannic Majesty's sovereignty or authority or any territory in respect of which His Majesty's Government exercises a mandate.

Southern Rhodesia

(December 18th, 1924 a)

Newfoundland

(June 22nd, 1925 a)

British Guiana, British Honduras, Ceylon, Falkland Islands and Dependencies, Gambia (Colony and Protectorate), Gold Coast (including Ashanti and the Northern Territories of the Gold Coast and Togoland), Gibraltar, Jamaica (Turks and Caicos Islands and Cayman Islands), Kenya (Colony and Protectorate), Leeward Islands, Malta, Mauritius, Northern Rhodesia, Palestine (excluding Trans-Jordan), Trans-Jordan, Windward Islands (Grenada, St. Lucia, St. Vincent), Zanzibar

(March 12th, 1926 a)

Tanganyika

(June 17th, 1926 a)

St. Helena

(July 29th, 1926 a)

Uganda

(June 28th, 1929 a)

Bahamas

(January 23rd, 1931 a)

Burma 2 (excluding the Karenni States under His Majesty's suzerainty)

(October 19th, 1938 a)

His Majesty reserves the right to limit the obligations mentioned in the first paragraph of Article 1 to contracts which are considered commercial under the law of Burma.

New Zealand

(June 9th, 1926)

India

(October 23rd, 1937)

Is not binding as regards the enforcement of the provisions of this Protocol upon the territories in India of any Prince or Chief under the suzerainty of His Majesty.

India reserves the right to limit the obligation mentioned in the first paragraph of Article 1 to contracts which are considered as commercial under its national law.

Czechoslovakia 3

(September 18th, 1931)

The Czechoslovak Republic will regard itself as being bound only in relation to States which will have ratified the Convention of September 26th, 1927, on the Execution of Foreign Arbitral Awards, and the Czechoslovak Republic does not intend by this signature to invalidate in any way the bilateral treaties concluded by it which regulate the questions referred to in the present Protocol by provisions going beyond the provisions of the Protocol.

Denmark

(April 6th, 1925)

Under Danish law, arbitral awards made by an Arbitral Tribunal do not immediately become operative; it is necessary in each case, in order to make an award operative, to apply to the ordinary courts of law. In the course of the proceedings, however, the arbitral award will generally be accepted by such courts without further examination as a basis of the final judgments in the affair.

Estonia

(May 16th, 1929)

Limits, in accordance with Article 1, paragraph 2 of this Protocol, the obligation mentioned in paragraph 1 of the said article to contracts which are considered as commercial under its national law.

Finland

(July 10th, 1924)

France

(June 7th, 1928)

Reserves the right to limit the obligation mentioned in paragraph 2 of Article 1 to contracts which are considered as commercial under its national law. Its acceptance of the present Protocol does not include the Colonies, Overseas Possessions or Protectorates or Territories in respect of which France exercises a mandate.

Germany

(November 5th, 1924)

Greece

(May 26th, 1926)

Iraq

(March 12th, 1926 a)

Italy

(excluding Colonies)

(July 28th, 1924)

Japan

(June 4th, 1928)

Chosen, Taiwan, Karafuto, the leased territory of Kwantung, and the territories in respect of which Japan exercises a mandate. (February 26th, 1929 a)

Luxembourg

(September 15th, 1930)

Reserves the right to limit the obligation mentioned in the first paragraph of Article 1 to contracts which are considered as commercial under its national law.

Monaco

(February 8th, 1927)

Reserves the right to limit its obligation to contracts which are considered as commercial under its national law.

Netherlands

(including the Netherlands Indies, Surinam and Curaçao ) 4

(August 6th, 1925)

The Government of the Netherlands declares its opinion that the recognition in principle of the validity of arbitration clauses in no way affects either the restrictive provisions at present existing under Netherlands law or the right to introduce other restrictions in the future.

Norway

(September 2nd, 1927)

Poland

(June 26th, 1931)

Under reservation that, in conformity with paragraph 2 of Article 1, the undertaking contemplated in the said Article will apply only to contracts which are declared as commercial in accordance with national Polish law.

Portugal

(December 10th, 1930)

(1) In accordance with the second paragraph of Article 1, the Portuguese Government reserves the right to limit the obligation mentioned in the first paragraph of Article 1 to contracts which are considered as commercial under its national law.

(2) According to the terms of the first paragraph of Article 8, the Portuguese Government declares that its acceptance of the present Protocol does not include its Colonies.

Romania

(March 12th, 1925)

Subject to the reservation that the Royal Government may in all circumstances limit the obligation mentioned in Article 1, paragraph 2, to contracts which are considered as commercial under its national law.

Spain

(July 29th, 1926)

Reserves the right to limit the obligation mentioned in Article 1, paragraph 2, to contracts which are considered as commercial under its national law.

Its acceptance of the present Protocol does not include the Spanish Possessions in Africa, or the territories of the Spanish Protectorate in Morocco.

Sweden

(August 8th, 1929)

Switzerland

(May 14th, 1928)

Thailand

(September 3rd, 1930)

Signatures not yet perfected by ratifications
Bolivia
Chile
Latvia
Reserves the right to limit the obligation mentioned in paragraph 2 of Article 1 to contracts which are considered as commercial under its national law.
Liechtenstein5
Subject to the following reservation:
Agreements which are the subject of a special contract, or of clauses embodied in other contracts, attributing competence to a foreign tribunal, if they are concluded between nationals and foreigners or between nationals in the country, shall henceforth be valid only when they have been drawn up in due legal form.
This provision shall apply also to stipulations in articles of association, deeds of partnership and similar instruments and also to agreements for the submission of a dispute to an arbitral tribunal sitting in a foreign country.
Any agreement which submits to a foreign tribunal or to an arbitral tribunal a dispute relating to insurance contracts shall be null and void if the person insured is domiciled in the country or if the interest insured is situated in the country.
It shall be the duty of the tribunal to ensure as a matter of routine that this provision is observed even during procedure for distraint or during bankruptcy proceedings.
Lithuania
Nicaragua
Panama
Paraguay
Peru
Salvador
Uruguay
Actions subsequent to the assumption of depositary functions by the Secretary-General of the United Nations
Participant 6, 7
Signature
Ratification, Accession(a), Succession(d)
Antigua and Barbuda
  25 Oct 1988 d
Bahamas
  16 Feb 1977 d
Bangladesh
27 Jun 1979
27 Jun 1979
Croatia
  26 Jul 1993 d
Czech Republic 3
   9 Feb 1996 d
Ireland
29 Nov 1956
11 Mar 1957
Israel
24 Oct 1951
13 Dec 1951
Malta
  16 Aug 1966 d
Mauritius
  18 Jul 1969 d
Montenegro 8
  23 Oct 2006 d
Republic of Korea
 4 Mar 1968
 
Serbia 9
  12 Mar 2001 d
Slovakia 3
  28 May 1993 d
The former Yugoslav Republic of Macedonia 9
  10 Mar 1994 d
Uganda
 5 May 1965
 
Zimbabwe
   1 Dec 1998 d
Territorial Application
Participant
Date of receipt of the notification
Territories
United Kingdom of Great Britain and Northern Ireland 10 Feb 1965 Hong Kong
End Note
1

League of Nations, Treaty Series , vol. 27, p. 157.

2

See note 1 under "Myanmar" in the "Historical information" section in the front matter of this volume.

3

See also note 1 under “Czech Republic” and note 1 under “Slovakia” in the “Historical Information” section in the front matter of this volume.

4

Further, when signing and ratifying, the Netherlands Government made a reservation which it withdrew, in respect of the Kingdom of Europe, on February 22nd, 1938 (see League of Nations,  Treaty Series , vol. 185, p. 372) and, as regards the Netherlands Indies, Surinam and Curaçao, on April 16th, 1940 (see ibid., vol. 200, p. 500).  See also note 1 under “Netherlands” regarding Aruba/Nethelrands Antilles in the “Historical Information” section in the front matter of this volume.

5

This reservation has been submitted to the States parties to the Protocol for acceptance.

6

The United Kingdom of Great Britain and Northern Ireland acceded on behalf of Hong Kong on 10 February 1965. See also note 2 under “United Kingdom of Great Britain and Nothern Ireland” regarding Hong Kong in the “Historical Information” section in the front matter of this volume.

7

In a notification received on 21 February 1974, the Government of the German Democratic Republic stated that the German Democratic Republic had declared the reapplication of the Protocol as from 4 April 1958.

In this connection, the Secretary-General received, on 13 January 1976, the following communication from the Government of the Federal Republic of Germany:

With reference to the communication by the German Democratic Republic of 31 January 1974 concerning the applica tion as from 4 April 1958, of the Protocol of 24 September 1923 on Arbitration Clauses, the Government of the Federal Republic of Germany declares that in the relation between the Federal Republic of Germany and the German Democratic Republic the declaration of application has no retroactive effect beyond 21 June 1973.

Subsequently, in a communication received on 28 April 1976, the Government of the German Democratic Republic declared:

"The Government of the German Democratic Republic takes the view that in accordance with the applicable rules of international law and the international practice of States the regulations on the reapplication of agreements concluded under international law are an internal affair of the successor State concerned.  Accordingly, the German Democratic Republic was entitled to determine the date of the reapplication of the Protocol on Arbitration Clauses of 24 September 1923 to which it acceded on the basis of the succession of States."

See also note 2 under “Germany” in the “Historical Information” section in the front matter of this volume.


8

See note 1 under "Montenegro" in the "Historical Information" section in the front matter of this volume.

9

The former Yugoslavia had signed and ratified the Protocol on 13 March 1959. See also note 1 under "Bosnia and Herzegovina", "Croatia", "former Yugoslavia", "Slovenia", "The Former Yugoslav Republic of Macedonia" and "Yugoslavia" in the "Historical Information" section in the front matter of this volume.

chevron down chevron up

ABOUT

  • Treaty Section
  • Office of Legal Affairs

QUICK LINKS

  • Automated Subscription Services
  • Treaty Handbook
  • Final Clauses Handbook
  • Summary of Practice

HELP

  • FAQ
  • Website User Guide
  • Sitemap
  • COPYRIGHT
  • |
  • FRAUD ALERT
  • |
  • PRIVACY NOTICE
  • |
  • TERMS OF USE