France / 24 March 1998 / France, Cour de cassation / Société Excelsior Film TV v. Société UGC-PH / 95-17.285
Country | France |
Court | France, Cour de cassation (French Court of Cassation) |
Date | 24 March 1998 |
Parties | Société Excelsior Film TV v. Société UGC-PH |
Case number | 95-17.285 |
Applicable NYC Provisions | V | V(2) | V(2)(b) |
Source |
Original decision obtained from the registry of the Cour de cassation |
Summary | An award was rendered in Rome in favor of an Italian company (Excelsior) against a French company (UGC-PH). The Cour d'appel de Paris (Paris Court of Appeal) refused enforcement of the award in France by ruling that it was contrary to international public policy as one of the arbitrators did not fulfill the requirement of impartiality. Excelsior challenged this decision on the grounds that the Cour d'appel de Paris not only had disregarded the terms of the dispute and distorted the foreign award, but had also violated the NYC, whose provisions prevail over domestic law and which allows for a refusal of enforcement on the basis of public policy if it relates to the recognition and enforcement of the award and not, as it did, to the Court's decision-making process. The Cour de cassation (Supreme Court) affirmed the decision of the Cour d'appel de Paris and dismissed the action. It reasoned that the provisions of Article V(2)(b) NYC are essentially identical to those of Article 1502 5° of the Code of Civil Procedure, in that they allow refusal of enforcement of an award which was rendered abroad in violation of the public policy of the country where the enforcement is sought. In the case at hand, the Cour de Cassation held that that the constitution of the arbitral tribunal violated due process and that therefore the award was contrary to French public policy under both Article V(2)(b) NYC and Article 1502 5° of the Code of Civil Procedure. |
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Attachment (1)
Original Language Adobe Acrobat PDF |