International arbitration and
recognition of awards
Issues and definition
International arbitration is a major method of resolving commercial disputes, but its effectiveness relies on the possibility of concretely enforcing the award. In France, the legal framework is particularly favorable to its recognition and enforcement.
The arbitral award must therefore be understood as a recovery lever, whose full effectiveness depends on its effective implementation, particularly through enforcement measures on the debtor’s assets.
Conditions and procedures
International arbitral awards benefit from a liberal regime in France, founded notably on the 1958 New York Convention. The judge’s control is limited to essential aspects such as the regularity of the procedure or compliance with international public policy.
Recognition requires the production of the award and the arbitration agreement, as well as a translation if necessary. In practice, the procedure is often rapid in the absence of challenges.
Areas of expertise
Exequatur is only a preliminary step to enforcement. Enforcement relies on a global strategy that integrates asset identification, the implementation of protective measures, and the execution of appropriate seizures.
In an often international context, enforcement also involves coordination between multiple jurisdictions in order to maximize recovery chances.
Client support
Arbitral awards frequently involve international debtors, or even States or public entities. These situations involve complex structures and assets spread across multiple countries.
Enforcement therefore requires a specific analysis of immunities, applicable law, and, where appropriate, constraints linked to regimes such as the Sapin II law, in an approach that is both technical and strategic, focused on a concrete result.
Frequently Asked Questions
IS A FOREIGN ARBITRAL AWARD ENFORCEABLE IN FRANCE?
Yes, after recognition by French jurisdictions.
IS THE PROCEDURE FAST?
It is generally fast when the award is not contested.
CAN AN AWARD BE ENFORCED AGAINST A STATE?
Yes, subject to compliance with the rules regarding immunity from execution.
WHICH ASSETS CAN BE SEIZED?
Bank accounts, financial assets, real estate, and receivables.
IS A LAWYER REQUIRED?
In practice, these procedures involve the intervention of a lawyer before French courts, both for obtaining the exequatur and for enforcement litigation.
They also require a strategic approach beyond the purely procedural dimension.
Do you wish to initiate an exequatur procedure in France or analyze the possibilities of seizing assets based on an award?
The firm assists you in defining and implementing an adapted strategy.