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FRANCE 29 September 2021 Cassation Alstom
Cour de Cassation, First Civil Chamber, 29 September 2021, No. 558 F-D
(Alexander Brothers Ltd v. Alstom Transport and Alstom Network UK ... Read more
Cour de Cassation, First Civil Chamber, 29 September 2021, No. 558 F-D
(Alexander Brothers Ltd v. Alstom Transport and Alstom Network UK Ltd)
FRANCE 29 September 2021 Cassation Alstom
The Supreme Court overturned the decision of the Paris Court of Appeal, which had refused enforcement of a Swiss arbitral award on the grounds of corruption, ruling that the lower court misinterpreted the evidence. The Court agreed with the principle applied by the lower court – confirmed by a consistent line of French jurisprudence – that “sufficiently serious, precise and consistent” circumstantial evidence was needed in order to prove corruption, but rejected the lower court’s analysis of the evidence, on the circumstances of the case. The Supreme Court did not refer expressly to the New York Convention. (SEE ALSO the later decision of the Cour d’Appel of Versailles in this case, dated 14 March 2023.)
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.