FRANCE 20

10 - 03 - 1993

FRANCE 20

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XIX (1994)
Jurisdiction France
Summary

France 20. Cour de Cassation, 10 March 1993

Related topics
516

Award not binding, suspended or set aside: The court discusses the difference between the exclusive jurisdiction to set aside an award (primary jurisdiction), which belongs to the courts of the country of origin of the award, and the jurisdiction of all other courts to recognize and enforce the award (secondary jurisdiction); issues relating to the determination of the “competent authority”; and whether an award that has been set aside in the country of origin can be enforced in another State under the Convention.

"Set aside"
517

Award not binding, suspended or set aside: The court discusses the meaning of an award having been “suspended” in the country of origin, including when the award has been suspended by operation of law rather than by a court decision.

"Suspended"
702

More-favorable right provision: The court discusses examples of domestic laws of countries where enforcement of foreign awards is more favorable.

Domestic law on enforcement of foreign award
FRANCE 20