Guide pratique - Règles et pratiques du droit français de l'arbitrage -1 - (Page 457)

ANNEXE 3 If the order is appealed, and if one of the parties so requests, the Court of Appeal shall rule on an action to set aside unless the parties have waived the right to bring such action or the time limit to bring such action has expired. Article 1524 No recourse may be had against an order granting enforcement of an award, except as provided in Article 1522, paragraph 2. However, 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. SECTION 2 – AWARDS MADE ABROAD Article 1525 An order granting or denying recognition or enforcement of an arbitral award made abroad may be appealed. The appeal shall be brought within one month following service (signification) of the order. However, the parties may agree on other means of notification when an appeal is brought against an award bearing an enforcement order. The Court of Appeal may only deny recognition or enforcement of an arbitral award on the grounds listed in Article 1520. SECTION 3 – AWARDS MADE IN FRANCE AND ABROAD – COMMON PROVISIONS Article 1526 Neither an action to set aside an award nor an appeal against an enforcement order shall suspend enforcement of an award. However, the first president ruling in expedited proceedings (refere) or, once the matter is referred to him or her, ´´ ´ the judge assigned to the matter (conseiller de la mise en etat), may stay or set conditions for enforcement of an ´ award where enforcement could severely prejudice the rights of one of the parties. Article 1527 Appeals against orders granting or denying enforcement and actions to set aside awards shall be brought, heard and decided in accordance with the rules applicable to adversarial proceedings set forth in Articles 900 through 930-1. A decision denying an appeal or application to set aside an award shall be deemed an enforcement order of the arbitral award or of the parts of the award that were not overturned by the court. 441

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