Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 454)

` REGLES ET PRATIQUES DU DROIT FRANCAIS DE L’ARBITRAGE ¸ Article 1500 An order denying enforcement may be appealed within one month following service (signification) thereof. If it is appealed, and if one of the parties so requests, the Court of Appeal shall rule on an appeal or application to set aside the award, provided that the time limit for such appeal or application has not expired. SECTION 5 – OTHER MEANS OF RECOURSE Article 1501 Third parties may challenge an arbitral award by petitioning the court which would have had jurisdiction had there been no arbitration, subject to the provisions of Article 588, paragraph 1. Article 1502 *** Application for revision of an arbitral award may be made in the circumstances provided in Article 595 for court judgments1221, and under the conditions set forth in Articles 594, 596, 597 and 601 through 603. *** Application shall be made to the arbitral tribunal. However, if the arbitral tribunal cannot be reconvened, application shall be made to the Court of Appeal which would have had jurisdiction to hear other forms of recourse against the award. *** Article 1503 No opposition1222 may be filed against an arbitral award, nor may the Cour de Cassation be petitioned to quash the award. Title II – International Arbitration Article 1504 An arbitration is international when international trade interests are at stake. Article 1505 In international arbitration, and unless otherwise stipulated, the judge acting in support of the arbitration shall be the President of the Tribunal de grande instance of Paris when: (1) the arbitration takes place in France; or (2) the parties have agreed that French procedural law shall apply to the arbitration; or (3) the parties have expressly granted jurisdiction to French courts over disputes relating to the arbitral procedure; or (4) one of the parties is exposed to a risk of a denial of justice. Article 1506 Unless the parties have agreed otherwise, and subject to the provisions of the present Title, the following Articles shall apply to international arbitration: (1) 1446, 1447, 1448 (paragraphs 1 and 2) and 1449, regarding the arbitration agreement; (2) 1452 through 1458 and 1460 regarding the constitution of the arbitral tribunal and the procedure governing application to the judge acting in support of the arbitration; 1221. Article 595 provides as follows: An application for revision of a judgment may be made only where: 1. it comes to light, after the judgment is handed down, that it was obtained fraudulently by the party in whose favour it was rendered; 2. decisive evidence that had been withheld by another party is recovered after the judgment was handed down; 3. the judgment is based on documents that have since been proven or have been held by a court to be false; 4. the judgment is based on affidavits, testimonies or oaths that have been held by a court to be false. In all four cases, an application for revision shall be admissible only where the applicant was not able, through no fault of his or her own, to raise such objection before the judgment became res judicata. 1222. Opposition is a form of recourse under French law, available when a judgment is rendered by default because a defendant was not properly notified of a hearing. The defendant can then “oppose” the judgment. 438

Table des matières de la publication Guide pratique - Règles et pratiques du droit français de l'arbitrage -1

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