Article 1489 of the French Code of civil procedure
November 7, 2023
The award is not subject to appeal unless the parties agree otherwise.
The award is not subject to appeal unless the parties agree otherwise.
The appeal seeks the reversal or annulment of the award. The court rules in law or in amiable composition within the limits of the arbitral tribunal’s mission. .
The award may always be the subject of an annulment appeal unless the appeal route is opened in accordance with the agreement of the parties. Any stipulation to the contrary shall be deemed unwritten.
An action for annulment is only available if: 1° The arbitral tribunal has wrongly declared itself competent or incompetent; or 2° The arbitral tribunal has been improperly constituted; or 3° The arbitral tribunal has ruled without complying with the mission entrusted to it; or 4° The principle of contradiction has not been respected ; or 5° The award is contrary to public policy; or 6° The award does not state…
When the court sets aside the arbitral award, it rules on the merits within the limits of the arbitrator’s assignment, unless the parties wish otherwise.
An appeal and an action for annulment shall be brought before the court of appeal within whose jurisdiction the award was made. Such appeals shall be admissible as soon as the award has been made. They cease to be admissible if they have not been exercised within one month of notification of the award.
An appeal and an action for annulment shall be lodged, investigated and decided in accordance with the rules relating to procedure in contentious matters set out in Articles 900 to 930-1.
The time limit for exercising the appeal or the annulment appeal as well as the appeal or the annulment appeal exercised within that time limit shall suspend the enforcement of the arbitral award unless it is subject to provisional enforcement.
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: 1° Where the award is subject to provisional enforcement, stay or arrange its enforcement where it is likely to entail manifestly excessive consequences; or 2° Where the award is not subject to provisional enforcement, order the provisional enforcement of all or part of that award.
Where the award is subject to provisional enforcement or where 2° of Article 1497, 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 arbitral award. The dismissal of the appeal or of the action for annulment confers exequatur on the arbitral award or on those of its provisions that are not affected by the…
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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
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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
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