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On 12 June 2020, Tonga acceded to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention“). With this, Tonga becomes the 164th state party to the Convention, following the recent accession of Palau in March this year. Under Article XII (2), the Convention will come into force for Tonga on 10 September 2020 and will be applicable to arbitral awards issued on or after that date.

Under Article I.3 of the New York Convention, contracting states are able to ratify or accede subject to certain reservations. The UNCITRAL website indicates that Tonga has acceded to the Convention subject to one common reservation, namely that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered commercial under the laws of the Kingdom of Tonga.

For more information please contact Andrew Cannon, Partner, Gitta Satryani, Partner, Brenda Horigan, Partner, Vanessa Naish, Professional Support Consultant, or your usual Herbert Smith Freehills contact.

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Andrew Cannon

Partner, Global Co-Head of International Arbitration and of Public International Law, London

Andrew Cannon
Gitta Satryani photo

Gitta Satryani

Partner, Singapore

Gitta Satryani
Vanessa Naish photo

Vanessa Naish

Professional Support Consultant, London

Vanessa Naish

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Andrew Cannon photo

Andrew Cannon

Partner, Global Co-Head of International Arbitration and of Public International Law, London

Andrew Cannon
Gitta Satryani photo

Gitta Satryani

Partner, Singapore

Gitta Satryani
Vanessa Naish photo

Vanessa Naish

Professional Support Consultant, London

Vanessa Naish
Andrew Cannon Gitta Satryani Vanessa Naish