MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux and Xavier Widawski, CMS Monaco
• it has been given on the basis of documents that have been recognised or declared false since the judgment was given; • it was based on an affidavit that was recognised or declared false at the request of the public prosecu- tor, on the taking of a supplementary affidavit that was recognised or declared false, or on an enquiry in which a witness was convicted of perjury; or • since the award, decisive documents that had been withheld by the party have been recovered. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration The arbitral award shall be made enforceable by an enforcement order of the President of the First Instance Tribunal. To this end, one of the arbitrators shall submit the original of the award to the general clerk’s office within three days. Arbitral awards – even preparatory rulings – may only be enforced after the President of the First Instance Tribunal has granted an order to this effect. The claimant should file a certified copy of the arbitration judgment, which alone shall be retained by the court clerk’s office. The execution order may be challenged by opposi- tion before the First Instance Tribunal in the following situations: • if the award was given without an arbitration agree- ment or outside the terms of an arbitration agree- ment; • if the award was made on the basis of a null and void or expired arbitration agreement; • if the award was rendered by persons who could not be appointed arbitrators or by certain arbitra- tors who were not entitled to judge in the absence of the others; • if the forms prescribed for ordinary judgments were not observed, on pain of nullity, without the parties having exempted the arbitrators from observing them; and • if a decision was given on matters not requested. As regards foreign arbitral awards, exequatur is required for any decision rendered abroad. Exequatur must be granted by:
• the President of the First Instance Tribunal, ex parte, in commercial matters; and • the First Instance Court after a summons, in civil matters. Monaco has ratified the following treaties aimed at facilitating the use, recognition and effectiveness of arbitration: • the Protocol on Arbitration Clauses (Geneva, 24 September 1923, League of Nations, Treaty Series, Volume 27, p 157); • Monegasque Sovereign Order No 287 of 17 December 1924; • the Franco-Monegasque Convention of 21 Sep- tember 1949 on Mutual Legal Assistance, enforce- able by Sovereign Order No 106 of 2 December 1949 (Article 18); and • the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 10 June 1958, enforced by the Order of 14 September 1982. In application of the latter, the Monegasque courts have considered that: • they have jurisdiction to hear applications for enforcement of foreign arbitral awards; and • a foreign arbitral award is subject in Monaco to the same procedure as the Monegasque arbitral award ( Cour de Révision , 24 March 2017, IBDD 16075), except for exequatur and protection of Mon- egasque public order-related matters. 14. Outlook 14.1 Proposals for Dispute Resolution Reform As of October 2024, there are no pending public pro- posals for dispute resolution reform before the Nation- al Council ( Conseil National ). 14.2 Growth Areas In the authors’ opinion, matters involving developing technologies (eg, crypto) or the recovery of assets from abroad offer promising prospects in the coming years.
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