The exequatur in France of the judgments delivered by the tribunals in the States of Asia

 

                                                                                                                                                                                                                                                                           

 

China, the United Arab Emirates, Laos, Mongolia and Vietnam are the five Asian States having signed a bilateral convention with France as regards exequatur of the judgments delivered in their respective countries.

 

These five conventions are the following ones:

 

-      China: Agreement of legal mutual cooperation in civil and commercial matters of May 4th, 1987.

 

-      United Arab Emirates: Convention relative to legal mutual cooperation, recognition and execution of the decisions in civil and commercial matters of September 9th, 1991.

 

-      Laos: Convention of legal mutual cooperation and establishment of a simplified exequatur procedure of November 16th, 1956.

 

-      Mongolia: Convention relative to the legal mutual cooperation, recognition and execution of the civil matters decisions of February 27th, 1992.

 

-      Vietnam: Convention relative to the civil matters legal mutual cooperation of February 24th, 1999.

 

The exequatur in France of the judgments delivered in the other States of Asia is subjected to the conditions and the procedure posed by French case law, lastly in the Cornelissen case.                                                                                                                                                                                                                                                 

 

China

 

Conditions of the exequatur in France of the judgments from the tribunals and courts of China

 

The judgments given by the Chinese jurisdictions must satisfy six conditions in order to receive the exequatur in France:

 

-      1. The jurisdiction of the Chinese tribunal.

 

-      2. For the state and the capacity of the people: the application of the applicable law according to the French international private law.

 

-      3. The decision is enforceable.

 

-      4. The regular summon of the adversary to appear.

 

-      5. The conformity of the Chinese judgment with the French public order.

 

-      6. The absence of res judicata in the same lawsuit.

 

Applicable texts

 

Agreement of legal mutual cooperation in civil and commercial matters between the Government of the French Republic and the Government of the Popular Republic of China of May 4th, 1987.

 

Law n° 87-991 of December 10th, 1987 authorizing the approval of the Agreement of legal mutual cooperation in civil and commercial matters between the Government of the French Republic and the Government of the Popular Republic of China of May 4th, 1987.

 

Decree n° 88-298 of bearing March 24th, 1988 for the publication of the Agreement of legal mutual cooperation in civil and commercial matters between the Government of the French Republic and the Government of the Popular Republic of China of May 4th, 1987.

 

 

 

Case law

 

The French tribunals and courts often know about the question of the exequatur in France of the judgments delivered by the Chinese tribunals and courts.

 

Court of Appeals of Paris, May 3rd, 2007 and February 19th, 2009, ERBA FAR EAST LIMITED (company of the special Area of HONG KONG).

 

In these two judgments, the Court of Appeals of Paris accepts as admissible and pronounces the exequatur of a judgment pronounced by the tribunal of first degree of the special administrative Area of Hong Kong, relating to the absence of payment in a bank of Hong Kong of the goods delivered according to the CIF conditions port of loading.

 

Court of Appeals of Paris, January 31st, 2008, COMPANY THIMONNIER (FRANCE)/COMPANY INNER MONGOLIA YILIINDUSTRIAL GROUP CO.LTD (POPULAR REPUBLIC OF CHINA).

 

In this case, the Court of Appeals of Paris confirms the exequatur of an arbitral award delivered by the Commission of Arbitration for the Economy and the International Trade of China (CIETAC).

 

N.B.: in this case, the conditions for the exequatur of the arbitral award are not set forth by the bilateral convention, but derive from the New York Convention.                                                                                                                                                                                                                                                                                                                  

 

United Arab Emirates

 

Conditions for the exequatur in France of the judgments from the tribunals and courts of the United Arab Emirates

 

The exequatur in France of the judgments from the tribunals of United Arab Emirates are subjected to the six following conditions:

 

-      1. The decision emanates from a tribunal that has jurisdiction according to the French rules of conflicts of jurisdiction.

 

-      2. The law applied to the litigation is that indicated by the French rules on conflicts of laws; however, the law applied can be different from the law indicated by these rules of conflict if the application of one or the other law leads to the same result.

 

-      3. The decision cannot be the subject any more of any recourse in the United Arab Emirates and is enforceable; however, as regards with maintenance obligations, of custody charge of a child or of right of visit, the decision can be simply enforceable in the United Arab Emirates.

 

-      4. The parties were regularly and legally summoned, represented or declared failing.

 

-      5. The decision does not contain anything opposite to the French public order.

 

-      6. The decision is not recognized and cannot be declared enforceable in France when a litigation between the same parties, based on the same facts and having the same object that in the United Arab Emirates, is pending before a French tribunal or gave place to a decision by a French tribunal seized first.

 

Applicable texts

 

Convention relative to legal mutual cooperation, recognition and execution of the decisions in civil and commercial matters between the French Republic and the State of the United Arab Emirates of September 9th, 1991.

 

Law n° 92-1313 of December 18th, 1992 authorizing the approval of the Convention relative to legal mutual cooperation, recognition and execution of the decisions in civil and commercial matters between the French Republic and the State of the United Arab Emirates of September 9th, 1991.

 

Decree n° 93-419 of March 15th, 1993 for the publication of the Convention relative to legal mutual cooperation, recognition and execution of the decisions in civil and commercial matters between the French Republic and the State of the United Arab Emirates of September 9th, 1991.

 

Case law

 

Court of Appeals of Paris, September 29th, 2005 HEAD OFFICE OF THE CIVIL AVIATION OF THE DUBAI EMIRATE /INTERNATIONAL BECHTEL CO. (PANAMA).

 

In this case, the Court of Appeals of Paris, to the visa of the Convention of September 9th, 1991, confirms the exequatur of an ad hoc arbitral award delivered in Dubai by Mr. von Segesser, single arbiter.

 

 

 

Laos

 

Conditions of the exequatur in France of the judgments delivered by the tribunals and courts of Laos

 

The exequatur in France of the judgments delivered by the tribunals and courts of Laos are subjected to the four following conditions:

 

-      1. The decision has res judicata and is enforceable.

 

-      2. The parties were regularly summoned, represented or declared failing.

 

-      3. The decision does not contain anything opposite to the French public order or the principles of public law.

 

-      4. The decision emanates from a tribunal which has jurisdiction according to the rules of private international law.

 

Applicable texts

 

Convention of legal mutual cooperation and establishment of a simplified exequatur procedure between France and Laos of November 16th, 1956.

 

Ordinance n° 58-1193 of December 10th, 1958 authorizing the ratification of the Convention of legal mutual cooperation and establishment of a simplified exequatur procedure between France and Laos of November 16th, 1956.

 

Decree n° 60-342 of April 4th, 1960 for the publication of the Convention of legal mutual cooperation and establishment of a simplified exequatur procedure between France and Laos of November 16th, 1956.

 

 

 

Mongolia

 

Conditions of the exequatur in France of the judgments form the tribunals and courts of Mongolia

 

The exequatur in France of the judgments form the tribunals and courts of Mongolia is subjected to the six following conditions:

 

-      1. The decision emanates from a tribunal that has jurisdiction according to French law.

 

-      2. The law applied to the litigation is that indicated by the French conflict of laws rules. However, the law can be different from the law indicated by the rules of conflict if the application of one or another law leads to the same result.

 

-      3. The decision has res judicata and is enforceable. However, in the matters of maintenance obligations, of custody charge of a child or of right of visit, the decision can be simply enforceable in Mongolia.

 

-      4. The parties were regularly summoned, were represented or, if they were declared failing, the summon was notified regularly and in good time for they can be defended.

 

-      5. The decision does not contain anything opposite with the French public order.

 

-      6. A litigation between the same parties, founded on the same facts and having the same object as in Mongolia: i) did not gave another procedure before a French tribunal seized first or, ii) did not give a decision of a French tribunal, at a date former to that of the decision presented to the exequatur; iii) did not gave a decision from a tribunal from another State on a date former to that of the decision presented to the exequatur and meeting the requirements with its recognition in France.

 

Applicable texts

 

Convention relative to the legal mutual cooperation, recognition and execution of the civil matters decisions between the government of the French Republic and the government of Mongolia of February 27th, 1992.

 

Law n° 93-883 of July 5th, 1993 authorizing the approval of the Convention relative to the legal mutual cooperation, recognition and execution of the civil matters decisions between the government of the French Republic and the government of Mongolia of February 27th, 1992.

 

Decree n° 94-233 of March 17th, 1994 for the publication of the Convention relative to the legal mutual cooperation, recognition and execution of the civil matters decisions between the government of the French Republic and the government of Mongolia of February 27th, 1992.

 

 

 

Vietnam

 

Conditions of the exequatur in France of the Vietnamese judgments

 

The exequatur in France of the judgments from the tribunals and courts of the Socialist Republic of Vietnam is subjected to the six following conditions:

 

-      1. The decision emanates from a tribunal that has jurisdiction according to French law.

 

-      2. The law applied to the litigation is that indicated by the French conflict of laws rules. However, the law can be different from the law indicated by the rules of conflict if the application of one or another law leads to the same result.

 

-      3. The decision has res judicata and is enforceable. However, in the matters of maintenance obligations, of custody charge of a child or of right of visit, the decision can be simply enforceable in Mongolia.

 

-      4. The parties were regularly summoned, were represented or, if they were declared failing, the summon was notified regularly and in good time for they can be defended.

 

-      5. The decision does not contain anything opposite to the French fundamental principles and values.

 

-      6. A litigation between the same parties, founded on the same facts and having the same object as in Mongolia: i) did not gave another procedure before a French tribunal seized first or, ii) did not give a decision of a French tribunal, at a date former to that of the decision presented to the exequatur; iii) did not gave a decision from a tribunal from another State on a date former to that of the decision presented to the exequatur and meeting the requirements with its recognition in France.

 

Applicable texts

 

Convention of legal mutual cooperation relative to the civil matters between the French Republic and the Socialist Republic of Vietnam of February 24th, 1999.

 

Law n° 2001-77 of January 30th, 2001 authorizing the ratification of the Convention of legal mutual cooperation relative to the civil matters between the French Republic and the Socialist Republic of Vietnam of February 24th, 1999.

 

Decree n° 2001-446 of bearing May 22nd, 2001 for the publication of the Convention of legal mutual cooperation relative to the civil matters between the French Republic and the Socialist Republic of Vietnam of February 24th, 1999.