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Inter-American Convention on Extraterritorial
The Governments of the Member States of the Organization of American States,
This Convention shall apply to judgments and arbitral awards rendered in civil, commercial or labor proceedings in one of the States Parties, unless at the time of ratification it makes an express reservation to limit the Convention to compensatory
judgments (sentencias de condena) involving property. In addition, any one of them may declare, when ratifying the Convention, that is also applies to rulings that end proceedings, to the decisions of authorities that exercise some jurisdictional function and to
judgments in penal proceedings ordering compensation for damages resulting from an offense.
The foreign judgments, awards and decisions referred to in Article 1 shall have extraterritorial validity in the States Parties if they meet the following conditions:
The documents of proof required to request execution of judgments, awards and decisions are as follows:
If a foreign judgment, award or decision cannot be executed in its entirety, the judge or tribunal may agree to its partial execution at the request of an interested party.
The declaration in forma pauperis recognized in the State of origin of the judgment shall be recognized in the State of destination.
The procedures for ensuring the validity of foreign judgments, awards and decisions, including the jurisdiction of the respective judges and tribunals, shall be governed by the law of the State in which execution is sought.
This Convention shall be open for signature by the Member States of the Organization of American States.
This Convention is subject to ratification. The instruments of ratification shall be deposited with the General Secretariat of the Organization of American States.
This Convention shall remain open for accession by any other State. The instrument of accession shall be deposited with the General Secretariat of the Organization of American States.
Each State may, at the time of signature, ratification or accession, make reservations to this Convention, provided that each reservation concerns one or more specific provisions and is not incompatible with the object and purpose of the Convention.
This Convention shall enter into force on the thirtieth day following the date of deposit of the second instrument of ratification.
If a State Party has two or more territorial units in which different systems of law apply in relation to the matters dealt with in this Convention, it may, at the time of signature, ratification or accession, declare that this Convention shall extend to all its territorial units or only to one or more of them.
This Convention shall remain in force indefinitely, but any of the States Parties may denounce it. The instrument of denunciation shall be deposited with the General Secretariat of the Organization of American States. After one year from the date of deposit of the instrument of denunciation, the Convention shall no longer be in effect for the denouncing State, but shall remain in effect for the other States Parties.
The original instrument of this Convention, the English, French, Portuguese and Spanish texts of which are equally authentic, shall be deposited with the General Secretariat of the Organization of American States, which will forward an authenticated copy of its text to the Secretariat of the United Nations for registration and publication in accordance with Article 102 of its Charter. The General Secretariat of the Organization of American States shall notify the Member States of that Organization and the States that have acceded to the Convention of the signatures, deposits of instruments of ratification, accession and denunciation as well as of reservations, if any. It shall also transmit the declarations referred to in Article 12 of this Convention.
B-41: INTERAMERICAN CONVENTION ON TERRITORIAL EFFECTIVENESS OF FOREIGN ARBITRATION AWARDS
ADOPTED IN: MONTEVIDEO, URUGUAY
GENERAL INFORMATION ON THE TREATY: B-41
B-41. INTERAMERICAN CONVENTION ON THE EFFECTIVENESS OF EXTRATERRITORIAL JUDGMENTS AND ARBITRATION AWARDS
(Reservation and interpretive statements made upon ratification of the Convention)
As regards Article 1 of the Convention, Mexico expressly states its reservation to limit its application to the judgments passed in one of the Party States, imposing sentences involving assets.
As regards Article 2 , paragraph d) of the Convention, Mexico declares that said condition shall be considered upheld when the authority of the judge or tribunal that has been established to coincide with the rules acknowledged by the Interamerican Convention, on the Basis of Jurisdiction in the International Sphere, for the Extraterritorial EFFECTIVENESS of the Foreign Judgments and Awards, excluding all subjects referring to Article 6 of the same instrument, subscribed in La Paz, Bolivia, on May 24, 1984.
Likewise, as regards to Article 3, the United States of Mexico interpret that for the harmonization and coercive execution of the foreign judgments and awards, it is necessary to make them known by means of
petitions or rogatory letters, where the necessary citations appear, so that the Parties can appear before the petitioner.
Mexico interprets Article 6 of the Convention in the sense that the petitioned judge has jurisdiction in all related procedures, to insure the execution of the sentences, including, among others, those concerning attachments, receiverships, mediation/arbitration and public sales.