1958 New York Convention Guide

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1958 New York Convention Guide

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France, Tribunal de Grande Instance de Strasbourg (Court of First Instance of Strasbourg)

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France / 09 October 1970 / France, Tribunal de Grande Instance de Strasbourg / Animalfeeds International Company v. Société Becker

Country France

Court France, Tribunal de Grande Instance de Strasbourg (Court of First Instance of Strasbourg)

Date 09 October 1970

Parties Animalfeeds International Company v. Société Becker

Applicable NYC Provisions II | V | IV

Summary Various arbitral awards were rendered in 1967 in Hamburg in favor of Animalfeeds International. An application for recognition and enforcement of said awards was filed before the Tribunal de Grande Instance de Strasbourg (First Instance Court of Strasbourg). The losing party (A. Becker et Cie) objected to the enforcement of the awards by arguing that the application was not admissible since Animalfeeds failed to disclose the documents required by Article IV NYC, i.e. the duly authenticated original award or a duly certified copy and the original agreement under which the parties undertook to submit to arbitration their dispute or a duly certified copy thereof. It contended further that the Tribunal de Grande Instance de Strasbourg should decline jurisdiction to hear this matter since the arbitral tribunal had ruled without a signed arbitration agreement. Lastly, it claimed that the arbitral awards were not res judicata in the country in which they were rendered. The Tribunal de Grande Instance de Strasbourg allowed enforcement of the arbitral awards in France. It noted that that Animalfeeds had produced all of the documents required by Articles II and IV NYC. It then held that the arbitral tribunal had jurisdiction to hear the dispute. As to the fact that the arbitral awards are not res judicata in Germany, the Tribunal de Grande Instance de Strasbourg reasoned that the NYC does not require that the award be declared enforceable in both the country where it was made and in the country where such award is sought to be relied upon, but simply provides that the award should be binding on the parties, which was the case here. It added that the awards were not contrary to French public policy.

Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=109&opac_view=6

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newyorkconvention1958.org

This website was created to host information on the implementation of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, signed in New York on 10 June 1958, with a view of promoting its uniform and effective application throughout the world.

The website provides access to the case-law from a number of jurisdictions on the application of the Convention by domestic courts as well as information on the ratification of the Convention by selected States.

This website was developed by Gaillard Banifatemi Shelbaya Disputes, Shearman & Sterling and Columbia Law School, in cooperation with UNCITRAL.

Country	France
Court	France, Tribunal de Grande Instance de Strasbourg (Court of First Instance of Strasbourg)
Date	09 October 1970
Parties	Animalfeeds International Company v. Société Becker
Applicable NYC Provisions	II \| V \| IV
Summary	Various arbitral awards were rendered in 1967 in Hamburg in favor of Animalfeeds International. An application for recognition and enforcement of said awards was filed before the Tribunal de Grande Instance de Strasbourg (First Instance Court of Strasbourg). The losing party (A. Becker et Cie) objected to the enforcement of the awards by arguing that the application was not admissible since Animalfeeds failed to disclose the documents required by Article IV NYC, i.e. the duly authenticated original award or a duly certified copy and the original agreement under which the parties undertook to submit to arbitration their dispute or a duly certified copy thereof. It contended further that the Tribunal de Grande Instance de Strasbourg should decline jurisdiction to hear this matter since the arbitral tribunal had ruled without a signed arbitration agreement. Lastly, it claimed that the arbitral awards were not res judicata in the country in which they were rendered. The Tribunal de Grande Instance de Strasbourg allowed enforcement of the arbitral awards in France. It noted that that Animalfeeds had produced all of the documents required by Articles II and IV NYC. It then held that the arbitral tribunal had jurisdiction to hear the dispute. As to the fact that the arbitral awards are not res judicata in Germany, the Tribunal de Grande Instance de Strasbourg reasoned that the NYC does not require that the award be declared enforceable in both the country where it was made and in the country where such award is sought to be relied upon, but simply provides that the award should be binding on the parties, which was the case here. It added that the awards were not contrary to French public policy.
Link to the record	https://newyorkconvention1958.org/index.php?lvl=notice_display&id=109&opac_view=6