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- FRANCE 7 B
FRANCE 7 B
Cour de Cassation, 9 October 1984
(Pabalk Ticaret Ltd. Sirketi v. Norsolor SA)
FRANCE 7 B
See also Cour d’Appel, Paris, 19 November 1982 (Pabalk Ticaret Ltd. Sirketi v. Norsolor SA) FRANCE 7 A
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
The court discusses the impact of the nationality of the parties on the application of the Convention.
The court discusses questions relating to interest on the amount due under the arbitral award, including whether the enforcement court may grant interest not granted in the award, modify interest granted in the award, and grant post-award interest.
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.
More-favorable right provision: The court discusses issues relating to the more-favorable right provision in general, including who may invoke it, and when.
More-favorable right provision: The court discusses the application of the 1961 European Convention together with the New York Convention, and the relationship between the two treaties.