MONACO Law and Practice Contributed by: Stephan Pastor, Emeline Elbaz-Mondeux, Daniel Goldenbaum and Xavier Widawski, CMS Monaco
may also agree at the time of contracting to sub- mit to arbitration all disputes arising between them. Disputes relating to the following matters cannot
• the award contains contradictory provisions; • it is contrary to an earlier decision given between the same parties, on the same sub- ject matter and the same cause of action; • the award has been given on the basis of documents that have been recognised or declared false since the judgment was given; • the award was based on an affidavit that was recognised or declared false at the request of the public prosecutor, 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 recov- ered. 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 shall 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 opposition before the First Instance Tribunal in the following situations: • if the award was given without an arbitration agreement or outside the terms of an arbitra- tion agreement; • if the award was made on the basis of a null and void or expired arbitration agreement;
be referred to arbitration: • donations and legacies; • maintenance; • housing and clothing; • separation of spouses; • questions of status; or
• any kind of dispute that must be reported to the public prosecutor (including public order issues). 13.3 Circumstances to Challenge an Arbitral Award Arbitration awards are not subject to opposition nor to request for review. Appeal Arbitral awards can be subject to appeal. In the event of arbitration by amicable compo- sition in accordance with the arbitration agree- ment, the parties are then presumed to have waived their right to appeal. However, this can- not take effect in the event of violations of rules of public policy or of the rights of the defence ( Cour de Revision , 8 May 1976, IDBD 25798). Application for Withdrawal (Rétractation) Arbitration awards can be subject to application for withdrawal before the First Instance Tribunal if: • there has been personal fraud ( dol personnel ); • it has been pronounced on things not requested; • more was awarded than requested; • it does not address one of the claims;
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