(i) the defendant was not notified in such a timely manner that it could defend itself, unless the defendant came forward and presented his case without challenging the service in the original court, provided that the law of the State of origin renders the service or notification liable to compensatory measures; (ii) was notified to the defendant in the required state in a manner inconsistent with the fundamental principles of the state required with respect to the service and notification of written documents; The New York Convention contains two fundamental provisions. The first provides that “each state party recognizes a written agreement under which the parties undertake to submit to arbitration all or any difference.” The second states that “each State party recognizes and passes the arbitral awards as a matter of faith.” In practice, where the parties agree to settle their dispute through arbitration, the subsequent award is almost universally applicable. When a party decides to ignore the arbitration agreement or avoid the consequences of the award, the party concerned may also ask the court of the contracting state to refer the parties to arbitration proceedings and/or apply the award (Articles 2 and 3). The Hague Convention on the Choice of Judicial Agreements contains similar provisions concerning the recognition of the choice of judicial agreements and the judgments rendered by those courts. 1. A judgment of a court of a contracting state designated in an exclusive for agreement is recognized and executed in other contracting states in accordance with this chapter. Recognition or enforcement can only be denied for the reasons set out in this agreement. 2. Without prejudice to the review required for the application of the provisions of this chapter, there is no verification of the merits of the judgment of the original court. The required jurisdiction is bound by the factual findings on which the court of origin was based, unless the judgment has been delayed. 3.
A judgment is recognized only if it takes effect in the State of origin and is executed only if it is enforceable in the State of origin. 4. Recognition or enforcement may be deferred or denied if the judgment is reviewed in the State of origin or if the time to request an ordinary review has not expired. A refusal does not preclu her subsequent request for recognition or enforcement of the judgment. 5. This article also applies to a decision of a court of a contracting state in connection with a transfer of the case by the elected court of that contracting state, in accordance with Article 5, paragraph 3. However, if the elected court had discretion in the transmission of the case to another court, recognition or execution of the sentence may be denied against a party who has withstood the transmission in the country of origin in a timely manner. A state may declare that its courts may refuse to rule on disputes that are subject to an exclusive court order where there is no connection between the court and the parties or the dispute outside the seat of the elected court. 1. Statements under Sections 19, 20, 21, 22 and 26 may be made at the time of signing, ratification, acceptance, approval or membership or at any time thereafter, and amended or withdrawn at any time.
2. Returns, amendments and withdrawals are communicated to the custodian. 3. A declaration made on the date of signing, ratification, acceptance, approval or accession enters into force for the State concerned on the date of entry into force of this Convention.