The exequatur judge must control the amount of a foreign conviction against public policy
The exequatur judge must control the amount of a foreign conviction against public policy (Note on Cass. Civ. 1st, January 30, 2019, no. 17-28555) The Court of Cassation seems to be continuing its jurisprudence, allowing greater latitude for the exequatur judge to control the conformity of the amount of a conviction set by a foreign […]
The control of the foreign interest rate by the exequatur judge
The exequatur judge must check if the foreign interest rate complies with public policy. (Note on Cass. Civ. 1st, October 17, 2018, no. 17-18995). A Russian law bank summoned a Russian national couple before the Tribunal de Grande Instance of Paris to obtain the exequatur of a judgment from the Saint Petersburg court as well […]
Exequatur: The reasoning of the foreign judgment
In a ruling rendered on October 23, 2018, the Paris Court of Appeal applied the rule regarding the reasoning of foreign judgments in the exequatur procedure. To receive exequatur in France, every foreign judgment, regardless of the subject matter in which it was rendered, must be reasoned. The Paris Court of Appeal recalled this rule […]
The exequatur of American judgments
In a ruling rendered on May 13, 2014, the Paris Court of Appeal applied the rules for the exequatur of American judgments. Numerous decisions are rendered each year by French jurisdictions regarding the exequatur of American judgments and arbitral awards. No judicial cooperation agreement has been signed in this area between France and the United […]
Exequatur: definition, procedure and conditions
In French private international law, exequatur is defined as a procedure by which a party requests a French jurisdiction to grant, in France, enforcement to a foreign judicial decision. Exequatur: procedure for recognition and enforcement in France of a foreign judicial decision Exequatur comes from the Latin verb exequi and means: let it be executed. […]
The exequatur of arbitral awards
In France, a foreign arbitral award is recognized through the exequatur procedure if it complies with international public policy. The court with jurisdiction for the exequatur of an arbitral award depends on the country in which it was rendered. An international arbitral award is defined under French law, specifically by the case law of the […]
Exequatur of bankruptcy judgments
In the absence of exequatur, a bankruptcy judgment cannot produce any effect of dispossession of the debtor, nor any suspension of individual proceedings in France. The legal regime for the exequatur of bankruptcy judgments The legal regime for the exequatur of a bankruptcy judgment depends on the country in which it was rendered. It is […]