France / 18 January 2007 / France, Cour d'appel de Paris / Société Lesbats et Fils v. M. Volker le docteur Grub / 05/10887
| Country | France |
| Court | France, Cour d'appel de Paris (Court of Appeal of Paris) |
| Date | 18 January 2007 |
| Parties | Société Lesbats et Fils v. M. Volker le docteur Grub |
| Case number | 05/10887 |
| Applicable NYC Provisions | VII | VII(1) |
| Source |
Original decision obtained from the registry of the Cour d’appel de Paris |
| Summary | An ICC award was rendered in Brussels on 23 July 2004 in favor of a German company. In an order issued on 7 March 2005, the President of the Tribunal de Grande Instance de Paris (First Instance Court of Paris) allowed enforcement of the award in France. The award was then set aside by the Tribunal de Première Instance de Bruxelles (Brussels First Instance Court) on 16 November 2006, which ruled that the arbitral tribunal wrongly upheld jurisdiction without an arbitration agreement. Appealing the enforcement order, the opposing side argued that the recognition and enforcement in France of an award which was set aside in its country of origin would be contrary to Articles 1498 and 1502 of the Code of Civil Procedure and to the NYC. The Cour d'appel de Paris (Paris Court of Appeal) confirmed the enforcement order. It reasoned that Article VII NYC provides for the application of domestic law which is more favorable to the enforcement of awards, in this case Article 1502 of the Code of Civil Procedure. According to Article 1502 of the Code of Civil Procedure, the setting aside of the award in the country of origin is not a ground for refusing enforcement. The Cour d'appel de Paris added that the rule according to which the setting aside of an arbitral award in a foreign country does not affect the right of the interested party to request the enforcement of the award in France (since the arbitrator is not part of the national legal order of the country of origin) constitutes a fundamental principle under French law. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
