Article 1518 of the French Code of civil procedure
An award rendered in France in international arbitration may only be the subject of an action for annulment.
Home | French Legislation Articles | French Code of civil procedure | Book IV: Arbitration. | Title II: International arbitration | Chapter IV: Appeal procedures
An award rendered in France in international arbitration may only be the subject of an action for annulment.
An action for annulment shall be brought before the Court of Appeal within whose jurisdiction the award was made. This appeal is admissible as soon as the award is made. It shall cease to be admissible if it has not been lodged within one month of notification of the award. The notification shall be made by service unless the parties agree otherwise.
An action for annulment is only available if:
The First President or, as soon as the matter is referred to him, the Conseiller de la mise en état may grant exequatur to the award.
By special agreement, the parties may at any time expressly waive the action for annulment. In that case, they may still appeal against the exequatur order on one of the grounds provided for in Article 1520. An appeal shall be lodged within one month of the notification of the enforceable award. The notification shall be made by service unless the parties agree otherwise.
A decision refusing recognition or enforcement of an international arbitration award made in France may be appealed. The appeal is lodged within one month of service of the decision. In this case, the Court of Appeal shall, at the request of a party, hear the action for annulment against the award unless the party has waived it or the time limit for exercising it has expired.
There shall be no appeal against the order granting the exequatur except in the case provided for in the second paragraph of Article 1522. However, an action to set aside the award automatically entails, within the limits of the court’s jurisdiction, an appeal against the order of the judge who ruled on the exequatur or the removal of that judge from jurisdiction.
An appeal may be lodged against a decision ruling on an application for recognition or enforcement of an arbitral award made abroad. An appeal shall be lodged within one month of service of the decision. The parties may, however, agree on another method of notification where the appeal is lodged against the award which has been granted exequatur. The Court of Appeal may refuse recognition or exequatur of the arbitral…
An action to set aside the award and an appeal against the order granting the exequatur shall not have suspensory effect. However, the First President ruling in summary proceedings or, as soon as the matter is referred to him, the Conseiller de la mise en état may halt or adjust the enforcement of the award if such enforcement is likely to seriously prejudice the rights of one of the parties.
An appeal against the order ruling on the exequatur and an application to set aside the award shall be lodged, investigated and judged in accordance with the rules relating to contentious proceedings set out in Articles 900 to 930-1. The rejection of the appeal or of the action for annulment confers exequatur on the arbitral award or on those of its provisions which are not affected by the court’s censure.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Resources
is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.