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Exequatur of an arbitral award depending on whether the challenge brought against it is declared inadmissible or is rejected on the merits

14 January 2024 Publications

Written by Dylan Afresne

Published in the Gazette du Palais

“The first civil chamber of the French Supreme Court (Cour de cassation) has reiterated its recent case law precedent according to which a ruling declaring the challenge against an arbitral award to be inadmissible does not result in the award being automatically granted exequatur. Only if the challenge is rejected on the merits can exequatur be granted as the award will necessarily have been subject to an in-depth review. First implemented with respect to an action to set aside, this rule is applied here in the context of an appeal against an arbitral award.” Read more