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Cour d’Appel, Paris, 10 May 1971 (Compagnie de St. Gobain – Point à Mousson v. The Fertilizer Company of India, Ltd.)

10 - 05 - 1971

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Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. I (1976)
Jurisdiction France
Summary

See also Président, Tribunal de Grande Instance, Paris, 15 May 1970 (Compagnie de St. Gobain – Point à Mousson v. The Fertilizer Company of India, Ltd.) FRANCE 1 A

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
502

The court discusses the principle that the merits of the award may not be reviewed and that the court may only carry out a limited review of the award to ascertain grounds for refusal.

No re-examination of the merits of the arbitral award
503

The court discusses the burden of proof of the grounds for refusing enforcement under the Convention.

Burden of proof on respondent
511

Due process: The court discusses various irregularities affecting due process, including letters not sent, names of arbitrators or experts not communicated, language of proceedings and communications, etc.

"Otherwise unable to present his case"
514 Ground e: Award not binding, suspended or set aside - "Binding"
523

Public policy: The court discusses alleged violations of a fundamental rule of due process in the arbitration on the recognition and enforcement of an arbitral award, including the failure to communicate the names of the arbitrators, the failure to send copies of reports or letters filed in the arbitration, etc.

Irregularities in the arbitral procedure (see also Art. V(1)(b))
601

The court discusses the conditions for granting adjournment of a proceeding relating to the recognition and enforcement of an arbitral award, and the court’s discretionary power to do so, as well the determination of “suitable security” and the power to request it.

Adjournment of decision on enforcement
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