International commercial arbitration is not possible without the recognition of foreign arbitral awards. Enforcing arbitration decisions determine the effectiveness of the arbitration between international trade participants. It is determined primarily by the 1958 New York Convention. However, if there are bilateral or ad hoc contracts with the decision state on this matter, the application is filed in accordance with them.
Since the adoption of the Convention, the global practice of its application has developed well-established approaches to the interpretation of the provisions of the Convention in European countries fairly uniform rules for the application of legal mechanisms, regulated by the Convention, and this practice continues to develop and to improve.
In this article, we will examine the enforcement of foreign arbitral awards in France. Also, we will take a closer look at what options exist to challenge such awards.
Arbitration to resolve a commercial dispute in France
Dispute resolution through arbitration in France is actively welcomed by the government and well-established at the legislative level. Arbitration is very popular not only in France but also in most other European countries. Parties to the conflict may ask the court to interpret the arbitral award. It is advisable not to be late with the lawsuit since it can be brought only within three months from the date the parties have received notification of the court decision.
Arbitral award repeal in France
If the parties or one of the parties to the conflict do not agree with the decision of the arbitral tribunal, they can apply in the court of appeal for the annulment of the decisions taken in France. The application should be filed not later than within one month.
The review of decisions takes place in the Court of Cassation and may last a year or more. The costs of this procedure usually include administrative expenses, payment for translation of documentation, and legal professionals.
International dispute resolution in France: enforcement of arbitral awards
The arbitral award is recognized as binding and is subject to immediate execution by the parties, unless it sets a different deadline. When a party submits a written application to the competent court, the arbitral award is enforced by issuing a writ of execution.
In order to enforce international arbitral awards, the parties must submit copies or originals of the arbitral awards. It is also necessary to submit copies of the arbitration agreement.
If the documents are not written in French, then the parties must make a translation and submit all the documents in the official language of France.
Petitions for international arbitral awards in France are filed with a higher court of arbitration. However, Administrative Courts can also enforce a judgment in France regarding disputes between a national institution and a foreign legal entity.
Conclusion
We analyzed the grounds for canceling the arbitral award. This procedure, as well as the procedure for enforcing decisions of a foreign arbitral tribunal, requires in-depth knowledge of both national law and international law. For more detailed information, you can order advice on the start of arbitration in common law countries with our legal experts. Contact us directly by filling out the form on our website.
