The member States of the Council of Europe, signatory hereto,
Considering that the aim of the Council of Europe is to achieve greater unity among its
members, in particular by the adoption of
common rules in the legal field;
Convinced that the unification of national laws would make for a more effective settlement
of private law disputes by arbitration
and would facilitate commercial relations between
the member countries of the Council of Europe;
Considering it desirable to adopt to this end a uniform law on arbitration in civil and
Have agreed as follows:
- Each Contracting Party undertakes to incorporate in its law, within six months of the
date of entry into force of this Convention
in respect of that Party, the provisions of
the uniform law contained in Annex I to this Convention.
- Each Contracting Party has the right, in its law, to supplement the uniform law, by
provisions designed to regulate questions
for which no solutions are provided, on
condition that such provisions are not incompatible with the uniform law.
- Each Contracting Party has the right to provide in its law, in respect of specific
matters, that disputes may not be referred
to arbitration or may be submitted to
arbitration according to rules other than those laid down in the uniform law.
- Each Contracting Party has the right to declare, at the time of signature of this
Convention or at the time of deposit of its
instrument of ratification, acceptance or
accession, that it will apply the uniform law only to disputes arising out of legal
relationships which are considered as commercial under its national law.
Each Contracting Party undertakes not to maintain or introduce into its law provisions
excluding aliens from being arbitrators.
Each Contracting Party shall, for the purposes of the provisions of the uniform law,
define "judicial authority", "competent
authority" and, if need be,
"registry of the court".
Each Contracting Party retains the right to determine the conditions to be fulfilled by
persons who may represent or assist the
parties before the arbitral tribunal and, to that
end, to amend the provisions of paragraph 4 of Article 16 of the uniform law.
Each Contracting Party may:
- regard notification within the meaning of paragraph 1 of Article 28 of the uniform law
as implying either notification as provided
for in paragraph 1 of Article 23 of the
uniform law, or service, and, in particular, service by one party on another party;
- regard notification under paragraphs 1 and 3 of Article 30 of the uniform law as
implying either notification by the authority
which has opposed the enforcement formula to
the award or service, and, in particular, service by one party on another party.
The Contracting Party may, if need be, replace the words "give notice to",
"notified" and "notification"
by the appropriate technical terms.
It shall inform the Secretary General of the Council of Europe of its choice.
Each Contracting Party may provide that the enforcement formula within the meaning of
paragraph 1 of Article 29, Article 30 and
paragraph 1 of Article 31 of the uniform law
shall consist of an authorisation to enforce or of any other legal process which,
its law, enables an award to be enforced.
Each Contracting Party shall have the right, in its law, to make provision for and to
regulate the provisional enforcement of arbitral
awards which are still appealable before
- Each Contracting Party may, when signing this Convention or depositing its instrument of
ratification, acceptance or accession,
declare that it avails itself of one or more of the
reservations set forth in Annex II to this Convention. No other reservation
- Each Contracting Party may, at any time, by means of a notification addressed to the
Secretary General of the Council of Europe,
withdraw, wholly or in part, a reservation
made by it under the preceding paragraph; the notification shall take effect on the
of its receipt.
The provisions of the present Convention shall not affect the application of bilateral
or multilateral conventions on arbitration
which have been or may be concluded. This is
subject to the right available to a Contracting Party under Annex III to the present
- Each Contracting Party shall communicate to the Secretary General of the Council of
Europe the texts which, in implementation
of this Convention, will govern arbitration
after the entry into force of the Convention in respect of that Party.
- The Secretary General shall transmit these texts to the other member States of the
Council of Europe and to any State acceding
to this Convention.
- This Convention shall be open to signature by the member States of the Council of
Europe. It shall be subject to ratification
or acceptance. Instruments of ratification or
acceptance shall be deposited with the Secretary General of the Council of Europe.
- This Convention shall enter into force three months after the date of the deposit of the
third instrument of ratification or acceptance.
- In respect of a signatory State ratifying or accepting subsequently the Convention shall
come into force three months after the
date of the deposit of its instrument of
ratification or acceptance.
- After the entry into force of this Convention, the Committee of Ministers of the Council
of Europe may invite any non-member State
to accede thereto.
- Such accession shall be effected by depositing with the Secretary General of the Council
of Europe an instrument of accession,
which shall take effect three months after the date
of its deposit.
- Any Contracting Party may, at the time of signature or when depositing its instrument of
ratification, acceptance or accession,
specify the territory or territories to which this
Convention shall apply.
- Any Contracting Party may, when depositing its instrument of ratification, acceptance or
accession or at any later date, by declaration
addressed to the Secretary General of the
Council of Europe, extend this Convention to any other territory or territories specified
in the declaration and for whose international relations it is responsible or on whose
behalf it is authorised to give undertakings.
- Any declaration made in pursuance of the preceding paragraph may, in respect of any
territory mentioned in such declaration, be
withdrawn according to the procedure laid down
in Article 14 of this Convention.
- This Convention shall remain in force indefinitely.
- Any Contracting Party may, in so far as it is concerned, denounce this Convention by
means of a notification addressed to the
Secretary General of the Council of Europe.
- Such denunciation shall take effect six months after the date of receipt by the
Secretary General of such notification.
The Secretary General of the Council of Europe shall notify the member States of the
Council and any State which has acceded to
this Convention of:
- any signature;
- any deposit of an instrument of ratification, acceptance or accession;
- any date of entry into force of this Convention in accordance with the provisions of
Articles 11 and 12;
- any reservation made in pursuance of the provisions of paragraph 1 of Article 8;
- the withdrawal of any reservation made in pursuance of the provisions of paragraph 2 of
- any communication received in pursuance of the provisions of Articles 5 and 10;
- any declaration received in pursuance of the provisions of Article 13;
- any notification received in pursuance of the provisions of Article 14 and the date on
which the denunciation takes effect;
- any declaration or notification received in pursuance of the provisions of Annex III.
In witness whereof the undersigned, being duly authorised thereto, have signed this
Done at Strasbourg, this 20th day of January 1966, in English and in French, both texts
being equally authoritative, in a single
copy which shall remain deposited in the archives
of the Council of Europe. The Secretary General shall transmit certified copies
to each of
the signatory governments.
Any dispute which has arisen or may arise out of a specific legal relationship and in
respect of which it is permissible to compromise
may be the subject of an arbitration
- An arbitration agreement shall be constituted by an instrument in writing signed by the
parties or by other documents binding
on the parties and showing their intention to have
recourse to arbitration.
- If, in an arbitration agreement, the parties have referred to a particular arbitration
procedure, that procedure shall be deemed
to be included in the agreement.
An arbitration agreement shall not be valid if it gives one of the parties thereto a
privileged position with regard to the appointment
of the arbitrator or arbitrators.
- The judicial authority seized of a dispute which is the subject of an arbitration
agreement shall, at the request of either party,
declare that it has no jurisdiction,
unless, in so far as concerns the dispute, the agreement is not valid or has terminated.
- An application to the judicial authority for preservation or interim measures shall not
be incompatible with an arbitration agreement
and shall not imply a renunciation of the
- The arbitral tribunal shall be composed of an uneven number of arbitrators. There may be
a sole arbitrator.
- If the arbitration agreement provides for an even number of arbitrators an additional
arbitrator shall be appointed.
- If the parties have not settled the number of arbitrators in the arbitration agreement
and do not agree on the number, the arbitral
tribunal shall be composed of three
The parties may, either in the arbitration agreement or subsequently thereto, appoint
the sole arbitrator or the arbitrators or
entrust the appointment to a third person. If
the parties have not appointed the arbitrators and have not agreed on a method of
appointment, each party shall, when the dispute arises, appoint an arbitrator or an equal
number of arbitrators, as the case
- The party who intends bringing a dispute before an arbitral tribunal shall give notice
to the other party. The notice shall refer
to the arbitration agreement and specify the
subject matter of the dispute, unless the arbitration agreement already does so.
- If there is more than one arbitrator, and if the parties are entitled to appoint them,
the notice shall specify the arbitrator
or arbitrators appointed by the party invoking the
arbitration agreement; the other party shall be invited, in the notice, to
arbitrator or arbitrators whom he is entitled to appoint.
- If a third person has been entrusted with the appointment of a sole arbitrator or of
arbitrators and has not done so, he also
shall be given notice in accordance with
paragraph 1 and invited to make the appointment.
- The appointment of an arbitrator may not be withdrawn after notification of the
- If the party or third person to whom notice has been given in accordance with Article 7
has not, within a period of one month
from the notice, appointed the arbitrator or
arbitrators whom the party or third person is entitled to appoint, the judicial
shall make the nomination at the request of either party.
- If the parties have agreed that there shall be a sole arbitrator and they have not
appointed him by mutual consent within a period
of one month from the notice under Article
7, the judicial authority shall make the nomination at the request of either party.
- Where the arbitrators appointed or nominated in accordance with the foregoing provisions
are even in number, they shall nominate
another arbitrator to be president of the arbitral
tribunal. If they do not agree and if the parties have not provided otherwise,
judicial authority shall make the necessary nomination at the request of either party. The
judicial authority may be
seized after the expiration of a period of one month from the
acceptance of his office by the last arbitrator or as soon as the
failure to agree is
- Where the arbitrators appointed are uneven in number they shall nominate one of
themselves to be president of the arbitral tribunal,
unless the parties have agreed on
another method of appointment. If the arbitrators do not agree, the judicial authority
seized under paragraph 1 shall make the necessary nomination.
- If an arbitrator dies or cannot for a reason of law or of fact perform his office, or if
he refuses to accept it or does not carry
it out, or if his office is terminated by mutual
agreement of the parties, he shall be replaced in accordance with the rules
appointment or nomination. However, if the arbitrator or arbitrators are named in the
the agreement shall terminate ipso jure.
- A disagreement arising out of any case envisaged in paragraph 1 shall be brought before
the judicial authority on the application
of one of the parties. If the judicial authority
decides that there are grounds for replacing the arbitrator, it shall nominate
successor, taking into account the intention of the parties, as appearing from the
- The parties may derogate from the provisions of this article.
Unless the parties have agreed otherwise, neither the arbitration agreement nor the
office of arbitrator shall be terminated by
the death of one of the parties.
- Arbitrators may be challenged on the same grounds as judges.
- A party may not challenge an arbitrator appointed by him except on a ground of which the
party becomes aware after the appointment.
- The challenge shall, as soon as the challenger becomes aware of the ground of challenge,
be brought to the notice of the arbitrators
and, where applicable, of the third person who
has, in pursuance of the arbitration agreement, appointed the arbitrator challenged.
arbitrators shall thereupon suspend further proceedings.
- If, within a period of ten days of the notice of the challenge being given to him, the
arbitrator challenged has not resigned,
the arbitral tribunal shall so notify the
challenger. The challenger shall, on pain of being barred, bring the matter before
judicial authority within a period of ten days from receiving such notification.
Otherwise, the proceedings before the
arbitrators shall be resumed ipso jure.
- If the arbitrator resigns or if the challenge is upheld by the judicial authority, the
arbitrator shall be replaced in accordance
with the rules governing his appointment or
nomination. However, if he has been named in the arbitration agreement, the agreement
shall terminate ipso jure. The parties may derogate from the provisions of this
- The parties may in the arbitration agreement exclude certain categories of persons from
- If such an exclusion has been disregarded with respect to the composition of the
arbitral tribunal, the irregularity shall be
invoked in accordance with the provisions of
- Without prejudice to the provisions of Article 16, the parties may decide on the rules
of the arbitral procedure and on the place
of arbitration. If the parties do not indicate
their intention before the first arbitrator has accepted his office, the decision
a matter for the arbitrators.
- The president of the arbitral tribunal shall regulate the hearings and conduct the
- The arbitral tribunal shall give each party an opportunity of substantiating his claims
and of presenting his case.
- The arbitral tribunal shall make an award after oral proceedings. The parties may
validly be summoned by registered letter, unless
they have agreed upon any other method of
summons. The parties may appear in person.
- The procedure shall be in writing where the parties have so provided or in so far as
they have waived oral proceedings.
- Each party shall have the right to be represented by an advocate or by a duly accredited
representative. Each party may be assisted
by any person of his choice.
If, without legitimate cause, a party properly summoned does not appear or does not
present his case within the period fixed, the
arbitral tribunal may, unless the other
party requests an adjournment, investigate the matter in dispute and make an award.
- The arbitral tribunal may rule in respect of its own jurisdiction and, for this purpose,
may examine the validity of the arbitration
- A ruling that the contract is invalid shall not entail ipso jure the nullity of
the arbitration agreement contained in it.
- The arbitral tribunal's ruling that it has jurisdiction may not be contested before the
judicial authority except at the same
time as the award on the main issue and by the same
procedure. The judicial authority may at the request of one of the parties
a ruling that the arbitral tribunal has no jurisdiction is well founded.
- The appointment of an arbitrator by a party shall not deprive that party of his rights
to challenge the jurisdiction of the arbitral
- The parties may, up to the time of acceptance of office by the first arbitrator, settle
the period within which the award is to
be made or provide for a method according to which
the period is to be settled.
- If the parties have not prescribed a period or a method of prescribing a period, if the
arbitral tribunal delays in making the
award and if a period of six months has elapsed
from the date on which all the arbitrators accepted office in respect of the
submitted to arbitration, the judicial authority may, at the request of one of the
parties, stipulate a period for
the arbitral tribunal.
- The office of arbitrator shall terminate if the award is not made within the relevant
period unless that period is extended by
agreement between the parties.
- Where arbitrators are named in the arbitration agreement and the award is not made
within the relevant period, the arbitration
agreement shall terminate ipso jure,
unless the parties have agreed otherwise.
Except where otherwise stipulated, an arbitral tribunal may make a final award in the
form of one or more awards.
Except where otherwise stipulated, arbitrators shall make their awards in accordance
with the rules of law.
- An award shall be made after a deliberation in which all the arbitrators shall take
part. The award shall be made by an absolute
majority of votes, unless the parties have
agreed on another majority.
- The parties may also agree that, when a majority cannot be obtained, the president of
the arbitral tribunal shall have a casting
- Except where otherwise stipulated, if the arbitrators are to award a sum of money, and a
majority cannot be obtained for any particular
sum, the votes for the highest sum shall be
counted as votes for the next highest sum until a majority is obtained.
- An award shall be set down in writing and signed by the arbitrators. If one or more of
the arbitrators are unable or unwilling
to sign, the fact shall be recorded in the award.
However, the award shall bear a number of signatures which is at least equal
to a majority
of the arbitrators.
- An award shall, in addition to the operative part, contain the following particulars:
- the names and permanent addresses of the arbitrators;
- the names and permanent addresses of the parties;
- the subject-matter of the dispute;
- the date on which the award was made;
- the place of arbitration and the place where the award was made.
- The reasons for an award shall be stated.
- The president of the arbitral tribunal shall give notice to each party of the award by
sending him a copy thereof, signed in accordance
with paragraph 4 of Article 22.
- The president of the arbitral tribunal shall deposit the original of the award with the
registry of the court having jurisdiction;
he shall inform the parties of the deposit.
Unless the award is contrary to ordre public or the dispute was not capable of
settlement by arbitration, an arbitral award has the authority of res judicata when
it has been notified in accordance with paragraph 1 of Article 23 and may no longer be
contested before arbitrators.
- An arbitral award may be contested before a judicial authority only by way of an
application to set aside and may be set aside
only in the cases mentioned in this article.
- An arbitral award may be set aside:
- if it is contrary to ordre public;
- if the dispute was not capable of settlement by arbitration;
- if there is no valid arbitration agreement;
- if the arbitral tribunal has exceeded its jurisdiction or its powers;
- if the arbitral tribunal has omitted to make an award in respect of one or more points
of the dispute and if the points omitted
cannot be separated from the points in respect of
which an award has been made;
- if the award was made by an arbitral tribunal irregularly constituted;
- if the parties have not been given an opportunity of substantiating their claims and
presenting their case, or if there has
been disregard of any other obligatory rule of the
arbitral procedure, in so far as such disregard has had an influence on
- if the formalities prescribed in paragraph 4 of Article 22 have not been fulfilled;
- if the reasons for the award have not been stated;
- if the award contains conflicting provisions.
- An award may also be set aside:
- if it was obtained by fraud;
- if it is based on evidence that has been declared false by a judicial decision having
the force of res judicata or on evidence recognised as false;
- if, after it was made, there has been discovered a document or other piece of evidence
which would have had a decisive influence
on the award and which was withheld through the
act of the other party.
- A case mentioned in sub-paragraph c, d or f of paragraph 2 shall be deemed not to
constitute a ground for setting aside an award
where the party availing himself of it had
knowledge of it during the arbitration proceedings and did not invoke it at the time.
- Grounds for the challenge and exclusion of arbitrators provided for under Articles 12
and 14 shall not constitute grounds for
setting aside within the meaning of paragraph 2.f
of this article, even when they become known only after the award is made.
If there are grounds for setting aside any part of an award, that part shall be set
aside only if it can be separated from the other
parts of the award.
- The grounds for setting aside an arbitral award shall, on pain of being barred, be put
forward by the party concerned in one and
the same proceedings, except, however, in the
case of a ground for setting aside provided for in paragraph 3 of Article 25 where
ground is not known until later.
- An application to set aside an award shall be admissible only where the award may no
longer be contested before arbitrators.
- An application to set aside an award, based on one of the grounds provided for in
paragraph 2.c to j of Article 25 shall, on pain
or being barred, be made within a period
of three months from the date on which the award was notified. However, that period
begin to run only from the date on which the award is no longer capable of contestation
- The defendant in an application to set aside an award may apply, in the same
proceedings, for the award to be set aside, even
if the period laid down in paragraph 1
- An application to set aside an award, based on one of the grounds provided for in
paragraph 3 of Article 25, shall be made within
a period of three months from either the
date of the discovery of the fraud, document or other piece of evidence, or the date
which the evidence was declared false or recognised as false, provided that a period of
five years from the date on which
the award was notified in accordance with paragraph 1 of
Article 23 has not expired.
- The judicial authority seized of an application to set aside an award shall examine proprio
motu whether the award is contrary to ordre public and whether the dispute was
capable of settlement by arbitration.
- An arbitral award may be enforced only when it can no longer be contested before
arbitrators and when an enforcement formula has
been apposed to it by the competent
authority on the application of the interested party.
- The competent authority shall refuse the application if the award or its enforcement is
contrary to ordre public or if the dispute was not capable of settlement by
- A decision refusing the application is appealable.
- A decision apposing an enforcement formula to an award shall be notified. The decision
is appealable within a period of one month
from the date on which the decision is
- A party exercising this right of appeal who seeks to secure the setting aside of the
award without having previously made application
for this shall, on pain of being barred,
make his application in the same proceedings and within the period prescribed in paragraph
1. A party who, while not exercising the right of appeal provided for in paragraph 1,
seeks to secure the setting aside of
an award shall, on pain of being barred, make his
application for setting aside within the period prescribed in paragraph 1.
for setting aside envisaged in the present paragraph shall be admissible only if the
period prescribed in
Article 28 has not expired.
- The provisions of paragraph 2 of this article shall apply to the grounds for setting
aside an award provided for in paragraph
3 of Article 25 only if such grounds were known
at the time of notification of the decision apposing the enforcement formula
to the award.
- Without prejudice to the provisions of paragraph 4 of Article 25, a party exercising the
right of appeal provided for in paragraph
1 of this article may apply for the setting
aside of the award if there is no valid arbitration agreement, even if the period
prescribed in Article 28 has expired.
- In the case either of an appeal against the decision apposing an enforcement formula to
an award or of an application for an award
to be set aside, the judicial authority may, at
the request of one of the parties, order the enforcement of the award to be stayed.
- A decision apposing an enforcement formula to an award shall be without effect to the
extent that the arbitral award has been
- Where, before an arbitral tribunal, a compromise has been entered into between the
parties in order to put an end to a dispute
of which the tribunal is seized, that
compromise may be recorded in an instrument prepared by the arbitral tribunal and signed
by the arbitrators as well as by the parties. The instrument shall be subject to the
provisions of paragraph 2 of Article
23. The instrument may, on the application of the
interested party, have an enforcement formula apposed to it by the competent
- The competent authority shall refuse the application if the compromise or its
enforcement is contrary to ordre public or if the dispute was not capable of
settlement by arbitration.
- The decision of the competent authority is appealable.