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France / 15 May 1970 / France, Tribunal de Grande Instance de Paris / Compagnie de Saint-Gobain Pont-à-Mousson v. The Fertilizer Corporation of India Limited
Country France Court France, Tribunal de Grande Instance de Paris (Court of First Instance of Paris) Date 15 May 1970 Parties Compagnie de Saint-Gobain Pont-à-Mousson v. The Fertilizer Corporation of India Limited Applicable NYC Provisions I | V | V(1) | V(1)(b) | V(1)(e) | VI Summary A French company (Saint Gobain) entered into an agreement with an Indian company (Nangal Fertilizer and Chemicals Private Ltd, whose rights and obligations had been assumed by Fertilizer Corporation of India Limited - F.C.L.I.) for the construction of a plant in India. A dispute arose and an award was rendered on 19 September 1969 in New Delhi in favor of F.C.L.I. In an order issued on 3 December 1969, the President of the Tribunal de Grande Instance de Paris (First Instance Court of Paris) allowed enforcement of the award in France. In the meantime, Saint-Gobain initiated an action before the High Court of New Delhi to have the arbitral award declared without legal effect until it had been approved by the aforementioned Court. Saint-Gobain also challenged the enforcement order before the President of the Tribunal de Grande Instance de Paris, arguing that the award had not yet become binding on the parties and that due process had been violated and therefore the enforcement should be refused pursuant to Articles V(1)(b) and V(1)(e) NYC. In the alternative, Saint-Gobain requested an adjournment of the decision on the enforcement of the award pending the proceedings before the High Court of New Delhi in accordance with Article VI NYC. The President of the Tribunal de Grande Instance de Paris upheld the enforcement order and dismissed the action. He first reasoned that under Article V(1)(e) NYC, an award is considered as binding when the award had been rendered in a regular fashion and that all the formalities required for arbitral awards have been complied with. In the case at hand, he held that Saint-Gobain had failed to establish that the award was not binding in the country in which it was made. He then rejected Saint-Gobain's argument based on an alleged violation of due process in breach of Article V(1)(b) NYC, while recalling that, pursuant to Article V(1) NYC, the recognition and enforcement of the award may be refused at the request of the party against whom it is invoked, only if that party furnishes proof of such violation to the competent authority where the recognition and enforcement is sought. As to the request for adjournment of the decision on the enforcement of the award pending the proceedings in India, the President of the Tribunal de Grande Instance de Paris considered that Article VI NYC leaves discretion to the enforcement judge to adjourn the decision on the enforcement of the award when proceedings to set aside or suspend the award have been made to a competent authority of the country in which the award was made. He concluded that Saint-Gobain failed to establish that the adjournment would be proper. affirmed by : Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=108&opac_view=6 Attachment (1)
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E/CONF.26/L.40 - France, Federal Republic of Germany and Netherlands: amendment to articles 3, 4 and 5- 02/06/1958
Date 02/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.5.Further Amendments to the Draft Convention Submitted by Governmental Delegations - 29 May -3 June 1958 Country France | Netherlands Applicable NYC Provisions II | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(b) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3365&opac_view=6 Attachment (1)
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Comments Report of Working Party n°1 established at the United Nations Conference on Internal Commercial Arbitration (its 7th meeting held on 23 May 1958) Date 02/06/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.6. Reports of Working Party I: 2-4 June 1958 Country Colombia | France | India | Israel | Italy | Turkey | United Kingdom Applicable NYC Provisions I | III Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3368&opac_view=6 Attachment (1)
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Date 29/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.3. Comparison of Drafts Relating to Articles III, IV and V of the Draft Convention - 29 May 1958 Country Netherlands | Sweden | Israel | Pakistan | France | Japan | Yugoslavia | Poland | United Kingdom | Switzerland | Italy Applicable NYC Provisions IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3359&opac_view=6 Attachment (1)
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Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country France | Netherlands Applicable NYC Provisions V(1)(c) | V | V(1)(d) | V(2)(a) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3355&opac_view=6 Attachment (1)
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Date 28/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.3. Comparison of Drafts Relating to Articles III, IV and V of the Draft Convention - 29 May 1958 Country Netherlands | Sweden | France | Pakistan | Israel | United Kingdom Applicable NYC Provisions II | V | V(1)(c) Language(s) English Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3358&opac_view=6 Attachment (1)
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Date 22/05/1958 Classification (first level) B. United Nations Conference On International Commercial Arbitration: Documents Classification (second level) B.2. Amendments to the Draft Convention Submitted by Governmental Delegations : 21 -28 May 1958 Country Austria | Belgium | France | Italy | Netherlands | Sweden | Switzerland Applicable NYC Provisions I Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3320&opac_view=6 Attachment (1)
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Date 13/04/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country France Applicable NYC Provisions V | V(1)(c) Language(s) French Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3304&opac_view=6 Attachment (1)
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Comments Annex I: Comments by Governements (General observations and then comments on each article) Annex II: Comments by Non-Governmental Organizations (General observations and then comments on each article). Date 31/01/1956 Classification (first level) A. Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards and Comments by Governments and Organizations Classification (second level) A.2. Comments by Governments and Organisations on the Draft Convention on the Recognition and Enforcement of Foreign Arbitral Awards: January 1956 - March 1958 Country Austria | Belgium | Brazil | China | Denmark | France | India | Japan | Korea | Lebanon | Mexico | Philippines | Switzerland Applicable NYC Provisions I | II | III | IV | V | V(1)(a) | V(1)(b) | V(1)(c) | V(1)(d) | V(1)(e) | V(2)(a) | V(2)(b) | VII | VIII | IX | X | XI | XII | XIII | XIV | XV | XVI Language(s) English | French | Spanish Link to the record https://newyorkconvention1958.org/index.php?lvl=notice_display&id=3297&opac_view=6 Attachment (1)
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France
Date of signature 25 November 1958 Date of ratification 26 June 1959 Instrument of ratification Decree No. 59-1039 of 1 September 1959
Date of entry into force 24 September 1959 Reservations France has made a reciprocity reservation. However, French legal provisions on recognition and enforcement of foreign awards apply to awards rendered abroad whether or not they are rendered in a New York Convention contracting State. France made a reservation for commercial relationships, which it withdrew on 27 November 1989 (Decree No. 90-170 of 17 November 1989) [Original in French].
National Arbitration Act in force Decree No. 2011-48 of 13 January 2011 [Original in French | Translation in English]
Domestic Court with jurisdiction over recognition and enforcement of foreign award President of the Tribunal judiciaire de Paris (Judiciary Court of Paris)
Author(s) and Contributor(s) Luca de Maria (PMG Avocats)
Benjamin Siino (Shearman & Sterling LLP)More information... https://newyorkconvention1958.org/index.php?lvl=cmspage&pageid=11&menu=575&opac_view=-1
