Introduction Objectives Recognizing the growing importance of international arbitration as a means of settling international commercial disputes, the Convention on the Recog-nition and Enforcement of Foreign Arbitral Awards (the Convention) seeks to provide common legislative standards for the recognition of arbitration agreements and court recognition and enforcement of foreign and non-. domestic arbitral awards. . The term “non-domestic” appears to embrace awards which, although made in the state of enforcement, are treated as “foreign” under its law because of some foreign element in the proceedings, e..g. . another State’s procedural laws are applied.. The Convention’s principal aim is that foreign and non-domestic arbitral awards will not be discriminated against and it obliges Parties to ensure such awards are recognized and generally capable of enforcement in their jurisdiction in the same way as domestic awards. . An ancillary aim of the Convention is to require courts of Parties to give full effect to arbitration agreements by requiring courts to deny the parties access to court in con-travention of their agreement to refer the matter to an arbitral tribunal..
Mana Hoji AA Godina Jimma. የጅማ ዞን አቃቤህግ መስሪያቤት's Friends
The Convention applies to awards made in any State other than the State in which recognition and enforcement is sought. .It also applies to awards “not considered as domestic awards”. . When consenting to be bound by the. Convention, a State may declare that it will apply the Convention.
in respect to awards made only in the territory of another Party and.
only to legal relationships that are considered “commercial” under its domestic law..
The Convention contains provisions on arbitration agreements. . This aspect was covered in recognition of the fact that an award could be refused . enforcement on the grounds that the agreement upon which it was based might not be recognized. .Article II (1) provides that Parties shall recognize written arbitration agreements. .
In that respect, UNCITRAL adopted, at its thirty-ninth session in 2006, a Recommendation that seeks to provide guidance to Parties on the interpretation of the requirement in article II (2) that an arbitration agreement be in writing and to encourage application of article VII (1) to allow any interested party to avail itself of rights it may have, under the law or treaties of the country where an arbitration agreement is sought to be relied upon, to seek recognition of the validity of such an arbitration agreement. .
The central obligation imposed upon Parties is to recognize all arbitral awards within the scheme as binding and enforce them, if requested to do so, under the lex fori. .Each Party may determine the procedural mechanisms that may be followed where the Convention does not prescribe any requirement..
The Convention defines five grounds upon which recognition and enforce-ment may be refused at the request of the party against whom it is invoked. . The grounds include incapacity of the parties, invalidity of the arbitration agreement, due process, scope of the arbitration agreement, jurisdiction of the arbitral tribunal, setting aside or suspension of an award in the country in which, or under the law of which, that award was made. .The Convention defines two additional grounds upon which the court may, on its own . motion, refuse recognition and enforcement of an award. . Those grounds relate to arbitrability and public policy..
The Convention seeks to encourage recognition and enforcement of awards in the greatest number of cases as possible. .That purpose is achieved through article VII (1) of the Convention by removing conditions for recognition and enforcement in national laws that are more stringent than the conditions in the Convention, while allowing the continued application of any national provisions that give special or more favourable rights to a party seeking to enforce an award. . That article recognizes the right of any interested party to avail itself of law or treaties of the country where the award is sought to be relied upon, including where such law or treaties offer a regime more favourable than the Convention..
Entry into force
The Convention entered into force on 7 June 1959 (article XII)..
How to become a party
The Convention is closed for signature. . It is subject to ratification, and is open to accession by any Member State of the United Nations, any other
State which is a member of any specialized agency of the United Nations, or is a Party to the Statute of the International Court of Justice (articles VIII and IX)..
Optional and/or mandatory declarations and notifications
When signing, ratifying or acceding to the Convention, or notifying a terri-torial extension under article X, any State may on the basis of reciprocity declare that it will apply the Convention to the recognition and enforcement of awards made only in the territory of another Party to the Convention. . It may also declare 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 the State making such declaration (article I)..
Any Party may denounce this Convention by a written notification to the Secretary-General of the United Nations. .Denunciation shall take effect one year after the date of the receipt of the notification by the Secretary-General (article XIII)..
Dhaabbileen fayyaa bu’ura waliigaltee yaalamtoota faana qabaniin itti gaafatamummaa kan qaban ta’uun ni beekama.Biyyootni itti gaafatamummaa kana mirkaneessan maddi seera isaanii sirna seeraa sivil ti.Akkuma beekamu sirni kun seerotni bifa kitaabaatin kan qindaa’anii taa’aniidha.Akka Biyya keenyaattis seerotni baay’een bifa kitaabaatin gurmaa’anii kan jiran yommuu ta’u isaan keessaa,s/d/f/y,s/d/f/h/h,s/h/h,s/y, fi kkf’n caqasuun ni danda’ama. Biyya keenya dabalatee Jaappaan,Jarman,Kooriyaa Kibbaa,Chaayinaa,Xaaliyaan dabalatee biyyootni addunyaa baay’een sirna siviilii kana hordofaniidha.Kana ta’uu isaatin biyyotni sirna kana hordofan walitti dhufeenyi dhaabbilee fayyaa fi yaalamaa jidduu jiru maal fakkaachuu akka qabu seera isaanii keessatti tarreessu.Bu’ura kanaan itti gaafatamummaa mirkaneessu.
Faallaa kanaa immoo biyyoota sirna kooman low hordofan keessatti madda seera isaanii aadaa,baratama fi murtiiwwan M/M kennaman fa’i.Biyyoota sirna kana hordofan keessatti dhaabbileen fayyaa yaalamtoota faana waliigaltee hin galani.Itti gaafatamummaan waliigalteen osoo hin taane wanta keessa isaanitti beekanii irratti waliigalani jedhaniit waan amananii fi ogeessotni fayyaa doggoggora oogummaa uumaniif yommuu itti gaafataman uwwisa inshuraansii qabu waan ta’eef waliigalteen ala itti gaafatamummaan isaanii mirkanoofnaan miidhamaaf beenyaa kennuun bu’aa bahii baay’ee waan hin qabneefi.
Akka biyya keenyaatti seenaan dhaabbilee fayyaa kan jalqabee bara 1906 irraa jalqabee ta’uun ni beekamaa bara 1948 Ministeerri fayyaa erga dhaabbatee (hundaa’ee) booda dhaabbilee fayyaa lakka’uuf illee nama rakkisan kan hunda’an ta’uu hubachuun ni danda’ama.Kanaaf barreffama kana keessatti itti gafatamummaa dhaabbileen fayyaa mirkaneessun ni danda’ama?moo hin danda’amuu? isa jedhu ilallaa.
Seeraa hariiroo hawaasaa keessatti dhaabbileen fayyaa dogoggora uumaniif itti gafatamummaa ni qabu jedha.Itti gaafatamummaan isaan qaban qabatamaan akkamii kan jedhu dhimma barreeffama kana keessatti ilaalamuudha.Itti gaafatamummaan mirkanaa’uu danda’u isa kam akka ta’e kan xinxalamu ta’a.
Preamble Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas it is essential to promote the development of friendly relations between nations, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, Now, therefore, The General Assembly, Proclaims this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 3 Everyone has the right to life, liberty and the security of person. Article 4 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 Everyone has the right to recognition everywhere as a person before the law. Article 7 All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8 Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 9 No one shall be subjected to arbitrary arrest, detention or exile. Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11 1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed. Article 12 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 13 1. Everyone has the right to freedom of movement and residence within the borders of each State. 2. Everyone has the right to leave any country, including his own, and to return to his country. Article 14 1. Everyone has the right to seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations. Article 15 1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. Article 16 1. Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. Article 17 1. Everyone has the right to own property alone as well as in association with others. 2. No one shall be arbitrarily deprived of his property. Article 18 Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19 Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. Article 20 1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Article 22 Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality. Article 23 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination, has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection of his interests. Article 24 Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Article 26 1. Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their children. Article 27 1. Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 28 Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized. Article 29 1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.