Challenging exequatur and defense
against enforcement proceedings in France
Issues and definition
The recognition and enforcement of a foreign decision or an arbitral award in France can be challenged at several stages, notably during the exequatur procedure or at the time of enforcement. These mechanisms allow defendants to call into question the effectiveness of the invoked title.
The firm assists companies, institutions, and States facing these proceedings in order to structure an adapted and effective defense.
Conditions and procedures
Exequatur can be challenged before French courts on precise grounds, assessed by the judge with regard to international law and public policy.
Challenges may notably be based on the incompetence of the foreign jurisdiction, violation of the rights of the defense, fraud, or even conflict with international public policy.
An in-depth analysis of the foreign decision is essential to identify relevant lines of defense.
Areas of expertise
Even after recognition, enforcement can be challenged before the enforcement judge. Litigation then focuses on the regularity of the measures and the protection of the debtor’s rights.
Challenges may notably concern protective attachments or third-party attachments, as well as the conditions under which assets are seized.
Client support
Defense against enforcement relies on a global strategy, combining legal analysis and anticipation of adverse actions. It can also be part of a negotiation logic.
This approach allows for :
- identifying procedural flaws
- anticipating the creditor’s measures
- protecting assets
- structuring the contentious response
The firm intervenes in complex international cases involving foreign decisions and arbitrations, with dual expertise in enforcement and defense.
Frequently Asked Questions
CAN AN EXEQUATUR BE CHALLENGED IN FRANCE?
Yes, provided that well-founded arguments are raised before the French judge.
CAN A SEIZURE BE CHALLENGED?
Yes, notably before the enforcement judge (juge de l’exécution).
WHAT ARE THE MAIN DEFENSE ARGUMENTS?
Violation of the rights of the defense, fraud, public policy, and procedural irregularities.
CAN WE ACT QUICKLY?
Yes, certain challenges must be initiated within short time limits.
IS A LAWYER REQUIRED?
In practice, these procedures involve the intervention of a lawyer before French courts, both to obtain the exequatur and for enforcement litigation.
They also require a strategic approach, beyond just the procedural dimension.
Do you wish to challenge an exequatur procedure in France or analyze the possibilities of protecting your assets?
The firm assists you in defining and implementing an adapted strategy.