MONACO 3

Cour d’appel, 11 March 2021
(Mr. A.I. v. Ministère public) 

11 - 03 - 2021

MONACO 3

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIX (2024)
Jurisdiction Monaco
Summary

The claimant sought recognition and enforcement of a French award rendered in BIT arbitration in respect of a dispute over the purchase of land by the claimant in Senegal, with the purpose of building and renting out apartments. The Court of Appeal granted the application, holding that, although Senegal had confiscated the apartments when the claimant was convicted in Senegal for complicity in illicit enrichment, the dispute was commercial for the purposes of the “commercial” reservation to the New York Convention, as it concerned an investment aimed at the commercial activity of renting apartments, and the matter was arbitrable, as the arbitrators had not dealt with the charge of illicit enrichment against the claimant, but only with Senegal’s conduct through its courts, which they found to have been in violation of the BIT. Finally, exequatur should not be refused on public policy grounds, because acts of illicit enrichment or complicity in illicit enrichment are not considered a public policy violation by the Monegasque courts.

Related topics
101

The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.

Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
107

The court discusses the relevance and determination of the commercial nature of the relationship underlying the award, including in the context of contractual and non-contractual relations.

Second reservation ("commercial reservation") (paragraph 3)
301

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.

Procedure for enforcement in general
519

Public policy: The court discusses cases in which the subject matter of the award was not arbitrable in the enforcement State on public policy grounds.

Ground a: Arbitrability
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
MONACO 3