France / 10 April 2008 / France, Cour d'appel de Paris / Société C22 v. Société John K. King & Sons Limited Frontier Agriculture Limited / 06/15636
| Country | France |
| Court | France, Cour d'appel de Paris (Court of Appeal of Paris) |
| Date | 10 April 2008 |
| Parties | Société C22 v. Société John K. King & Sons Limited Frontier Agriculture Limited |
| Case number | 06/15636 |
| Applicable NYC Provisions | V | V(2) | V(2)(b) | VII | VII(1) |
| Source |
Original decision obtained from the registry of the Cour d’appel de Paris |
| Summary | In an award dated 12 June 2006 rendered in London, the arbitral tribunal ruled in favor of a UK company (King) against a French company (C22). In an order issued on 10 August 2006, the President of the Tribunal de grande instance de Paris (First Instance Court of Paris) allowed enforcement of the award in France. Appealing this decision, the opposing party argued that the award was contrary to international public policy pursuant to Article 1502 5° of the Code of Civil Procedure and Article V(2)(b) NYC. In this respect, it claimed that the award was rendered in violation of the principle of impartiality and independence of arbitrators. The Cour d'appel de Paris (Paris Court of Appeal) confirmed the enforcement order. It noted that (i) pursuant to Article VII NYC, a party may not be deprived of its right to rely on an award in accordance with, and within the limits of, the laws of the place where enforcement is sought, and (ii) Article 1502 of the Code of Civil Procedure is similar in substance to Article V NYC and leads to similar results with respect to the public policy exception. It ruled that C22, which participated in the arbitral proceedings leading to the award, without making any objection to the composition of the arbitral tribunal, was estopped from requesting that the Cour d'appel de Paris set aside the award on the basis of an irregularity in the composition of the arbitral tribunal, which it had tacitly but necessarily consented to. |
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Attachment (1)
 Original Language Adobe Acrobat PDF |
