FRANCE 23

23 - 03 - 1994

FRANCE 23

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XX (1995)
Jurisdiction France
Summary

France 23. Cour de Cassation, 23 March 1994

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"
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
704(B) Bilateral Treaties
FRANCE 23