Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 453)

ANNEXE 3 Any provision to the contrary shall be deemed not written. Article 1492 An award may only be set aside where: (1) the arbitral tribunal wrongly upheld or declined jurisdiction; or (2) the arbitral tribunal was not properly constituted; or (3) the arbitral tribunal ruled without complying with the mandate conferred upon it; or (4) due process was violated; or (5) the award is contrary to public policy; or (6) the award failed to state the reasons upon which it is based, the date on which it was made, the names or signatures of the arbitrator(s) having made the award; or where the award was not made by majority decision. Article 1493 When a court sets aside an arbitral award, it shall rule on the merits within the limits of the arbitrator’s mandate, unless otherwise agreed by the parties. SECTION 3 – APPEALS AND ACTIONS TO SET ASIDE – COMMON PROVISIONS Article 1494 Appeals and actions to set aside shall be brought before the Court of Appeal of the place where the award was made. Such recourse can be had as soon as the award is rendered. If no application is made within one month following notification of the award, recourse shall no longer be admissible. Article 1495 Appeals and actions to set aside shall be brought, heard and decided in accordance with the rules applicable to adversarial proceedings set forth in Articles 900 through 930-1. Article 1496 Unless an arbitral award is provisionally enforceable, enforcement shall be stayed until expiration of the time limit set for appeals or actions to set aside, or upon the filing of an appeal or action to set aside during this period. Article 1497 The first president ruling in expedited proceedings (refere) or, once the matter is referred to him or her, the judge ´´ ´ assigned to the case (conseiller de la mise en etat) may: ´ (1) if the award is provisionally enforceable and where enforcement may lead to manifestly excessive consequences, stay or set conditions for enforcement of the award; or (2) if the award is not provisionally enforceable, order that the award or any part thereof be provisionally enforceable. Article 1498 If an award is provisionally enforceable or if it has been made provisionally enforceable as per Article 1497, the first president or, once the matter is referred to him or her, the judge assigned to the case may grant enforcement (exequatur) of the arbitral award. A decision denying an appeal or an application to set aside an award shall be deemed an enforcement order of the arbitral award or the parts thereof that were not overturned by the court. SECTION 4 – RECOURSE AGAINST ORDERS GRANTING OR DENYING ENFORCEMENT Article 1499 No recourse may be had against an order granting enforcement of an award. However, an appeal or an action to set aside an award shall be deemed to constitute recourse against the order of the judge having ruled on enforcement or shall bring an end to said judge’s jurisdiction, as regards the parts of the award which are challenged. 437

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Guide pratique - Règles et pratiques du droit français de l'arbitrage -1

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