Seizures against a State in application of an exequatur decision concern all its organs
Paris Court of Appeal, 19 September 2024, n° 23/09300 The Paris Court of Appeal rendered on 19 September 2024 a new ruling in the file opposing for decades the company Commisimpex to the Republic of Congo. Since the two arbitral awards that it obtained against the State of Congo in 2000 and 2013 and their […]
Appeal against the exequatur of an arbitral award: the conditions of the review
Cass. Civ. 1st, 22 May 2024, n° 22-17.754 The exequatur of an arbitral award is the procedure that makes an arbitral award enforceable in France. Once the exequatur is granted, it is possible to appeal against the order of exequatur. In the case submitted to the Court of cassation, the company X had obtained the […]
The action for exequatur is imprescriptible
Cass. Civ. 1st, 11 January 2023, n° 21-21168 Can the holder of a judgment rendered abroad request its exequatur in France if it is old or even very old? It is to this question that the Court of cassation responded in the affirmative in a decision of 11 January 2023. In this case, a party […]
The international notification through diplomatic channels
Cass. Civ. 2nd, 31 March 2022, n° 20-19.467, Société ALOÏS / Société JBS The notification of judicial acts abroad is a crucial step in international proceedings, which must be carried out in compliance with international conventions or, in their absence, with the rules of international custom. In the case submitted to the Court of cassation, […]
The impossibility of exercising a third-party opposition against an order granting exequatur
Cass. Civ. 1st, 7 July 2021, n° 19-24.629, Société civile immobilière (SCI) LES JARDINS DE L’OPERA / Société ALBERT Third-party opposition is a remedy which allows a person who was not a party to a trial, or was not represented, to challenge a judgment which prejudices his rights. In the case submitted to the Court […]
The partial exequatur of an arbitral award
Cass. Civ. 1st, 17 March 2021, n° 19-24.168, PAULET / SA SOGELMA The exequatur is the procedure by which a judgment or an arbitral award rendered in a foreign country is made enforceable in France. In the case submitted to the Court of cassation, the company SOGELMA had obtained an arbitral award condemning Mr. PAULET […]
The status of “emanation of State” in international arbitration
Cass. Civ. 1st, 17 February 2021, n° 19-20.264, SA CONSORTIUM DE REALISATION (CDR) / SARL TAHAL CONSULTING ENGINEERS LTD The “emanation of State” is a concept permitting to extend to an entity, which is not the State itself, the immunities of which the State disposes, and notably the immunity of execution. Indeed, even if it […]
The Court of cassation censures a decision of the Court of appeal of Versailles in a file followed by our cabinet
Court of cassation, civil, Chamber civil 1, 16 September 2020, n° 19-11621, Published in the bulletin The company The Paragon Collection LLC, company of American law, has concluded with the French company XT Soft a license contract bearing on the commercialization and the distribution of IT products. Following a dispute bearing on the amount of […]
The irregularity not-invoked before the arbitral tribunal cannot be it before the judge of the exequatur.
Cass. Civ. 1st, March 4 2020, n° 18-22019, ANTRIX CORPORATION / DEVAS MULTIMEDIA PRIVATE LTD The company DEVAS MULTIMEDIA PRIVATE is a company of Indian law having obtained an arbitral award of the Chamber of commerce international against another company of Indian law: ANTRIX CORPORATION. Wishing to execute this against the assets held in France […]
The absence of fraud in the exequatur of a foreign judgment: a strictly applied condition
The absence of fraud in the exequatur of a foreign judgment: a strictly applied condition Among the three common law conditions necessary to obtain the exequatur of a foreign judgment, established by the Cornelissen jurisprudence, the absence of fraud in obtaining the foreign judgment must be interpreted strictly. This is what the Court of Cassation […]