Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 456)

` REGLES ET PRATIQUES DU DROIT FRANCAIS DE L’ARBITRAGE ¸ Member State of the European Union, a Contracting Party to the European Economic Area Agreement or the Swiss Confederation. Article 1516 An arbitral award may only be enforced by virtue of an enforcement order (exequatur) issued by the Tribunal de grande instance of the place where the award was made or by the Tribunal de grande instance of Paris if the award was made abroad. Exequatur proceedings shall not be adversarial. Application for exequatur shall be filed by the most diligent party with the Court Registrar, together with the original award and arbitration agreement, or duly authenticated copies of such documents. Article 1517 The enforcement order shall be affixed to the original or, if the original is not produced, to a duly authenticated copy of the arbitral award, as per the final paragraph of Article 1516. Where an arbitral award is in a language other than French, the enforcement order shall also be affixed to the translation produced as per Article 1515. An order denying enforcement of an arbitral award shall state the reasons upon which it is based. CHAPTER IV – RECOURSE SECTION 1 – AWARDS MADE IN FRANCE Article 1518 The only means of recourse against an award made in France in an international arbitration is an action to set aside. Article 1519 An action 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. The award shall be notified by service (signification), unless otherwise agreed by the parties. Article 1520 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) recognition or enforcement of the award is contrary to international public policy. Article 1521 The first president or, once the matter is referred to him or her, the judge assigned to the case (conseiller de la mise en etat) may grant enforcement (exequatur) of the award. ´ Article 1522 By way of a specific agreement the parties may, at any time, expressly waive their right to bring an action to set aside. Where such right has been waived, the parties nonetheless retain their right to appeal an enforcement order on one of the grounds set forth in Article 1520. Such appeal shall be brought within one month following notification of the award bearing the enforcement order. The award bearing the enforcement order shall be notified by service (signification), unless otherwise agreed by the parties. Article 1523 An order denying recognition or enforcement of an international arbitral award made in France may be appealed. The appeal shall be brought within one month following service (signification) of the order. 440

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