FRANCE 14 March 2023 CA Versailles Alstom

Cour d’Appel, Versailles, First Chamber, First Section, 14 March 2023, File no. RG 21/06191

(S.A. Alstom Transport et al. v. Alexander ... Read more

Cour d’Appel, Versailles, First Chamber, First Section, 14 March 2023, File no. RG 21/06191

(S.A. Alstom Transport et al. v. Alexander Brothers Ltd)

 

14 - 03 - 2023

FRANCE 14 March 2023 CA Versailles Alstom

Jurisdiction France
Summary

The Court of Appeal affirmed the order granting recognition and enforcement of an ICC award rendered in Geneva against Alstom, dismissing objections of violation of public policy and due process. The Court found no evidence of corruption in the case, noting in particular that the fact that representatives of Alexander Brothers (ABL) had met with the Chinese Minister of Railways during the execution of one of the parties’ contracts, and that the Minister had later been convicted for corruption unrelated to ABL, was not sufficient to constitute a serious and specific indication of bribery. The Court also held that there had been no violation of due process in the arbitration, as it appeared that Alstom had in fact discussed the Swiss law principle adopted by the arbitrators to reach their decision – according to which when the subsequent behavior of the parties is contrary to the provisions of their contract, this behavior must be considered as an implicit modification of the contract. The Court did not refer expressly to the New York Convention. (SEE ALSO the earlier decision of the Cour de Cassation in this case, dated 29 September 2021.)

Related topics
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"
524

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.

Other cases
FRANCE 14 March 2023 CA Versailles Alstom