FRANCE 49
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXV (2010)
Jurisdiction
France
Original full text
Full text decision FRANCE 49
Excerpt
Excerpt decision FRANCE 49
Summary
France 49. Cour de Cassation, First Civil Chamber, 8 July 2009
Related topics
301
Procedure for enforcement in general
The court discusses the principle that the procedure for the enforcement of awards under the Convention is governed by the lex fori, as well as procedural issues (such as the competent enforcement court) not falling under the specific cases of ¶¶ 302-307.
502
No re-examination of the merits of the arbitral award
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.
505
Incapacity of party
524
Other cases
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.