Actualités
France—effect of the inadmissibility of the request to set aside an award
Extrait :
« Arbitration analysis: In a decision dated 7 June 2023, the French Court of Cassation ruled that, pursuant to Article 1498 of the Code of Civil Procedure, a decision declaring a request to set aside an award to be inadmissible does not entail the award’s exequatur and does not exempt a party who intends to enforce the award from obtaining an enforcement order from the court, pursuant to Articles 1487 and 1488 of the Code of Civil Procedure. »
Wrongful designation of the ICC in arbitration clause—French court upheld jurisdiction of the ICC tribunal
Extrait :
« Arbitration analysis: The Paris Court of Appeal had to rule on an application to set aside a partial award on jurisdiction. The respondent argued that because the arbitration clause referred to the ‘Chambre Internationale de Commerce’ (emphasis added) and not to the ‘Chambre de Commerce Internationale’, the ICC tribunal had no jurisdiction to hear the dispute. »
Departures from the Blueprint for Execution of ICSID Awards: Recognition, Enforcement and National Court Practice,
Extrait :
« Arbitration awards under the ICSID Convention should in principle be executed more efficiently than awards governed by other legal regimes. National courts have no role in reviewing ICSID awards. The party seeking enforcement presents a certified copy of the award to the competent court in a Contracting State. The national courts are then obligated to recognize the award and enforce its pecuniary obligations as if it were a final judgment of a court in that State. »