FRANCE Law and Practice Contributed by: Thierry Marembert, Cécile Labarbe and Céline Serpagli, Kiejman & Marembert
Finally, full judicial review of the arbitration might also be possible, mostly in the event of a fraud. 13.4 Procedure for Enforcing Domestic and Foreign Arbitration Exequatur is automatically granted when the award has been fully or partially confirmed by the court of appeal. Otherwise, the enforcement of the award requires a fast and simplified ex parte judicial application. The application file should include an original of both the award and the arbitration agreement (or certified copies). For awards in foreign languag- es, a French transcript may also be requested. Applications should be filed: • before the tribunal judiciaire within the juris- diction of which it was issued; or • before the Paris tribunal judiciaire for foreign awards. Enforcement can be denied if the award and/or the enforcement itself constitutes a blatant vio- lation of domestic or international public order. The French Supreme Court recently denied enforcement in a matter regarding an insolvency proceeding, ruling that the principle of the stay of individual proceedings – which is a matter of international public policy – cannot be circum- vented through arbitration ( Cour de cassation , 8 February 2023, No 21-15.771). An appeal can be lodged against such decisions within one month after being notified. Favourable enforcement decisions cannot be appealed when they affect domestic and inter- national arbitrations, except when the parties have agreed to waive their right to claim for the annulment of the award. They can be appealed
when they affect foreign awards when they are based on annulment grounds provided in Article 1520 of the FCCP. 14. Outlook 14.1 Proposals for Dispute Resolution Reform In January 2023, the French Minister of Justice stated his desire for a “cultural revolution for the judicial world”, and that he wanted to launch an “amicable settlement policy” and adopt a culture of amicable settlement. Thus, a circular dated 17 October 2023 implements the two new amica- ble dispute resolution mechanisms – the Audi- ence de Règlement Amiable and the césure du procès – as well as the new version of the article on mandatory prior amicable settlement in cer- tain disputes. A financial incentive is planned to establish an effective national policy of amicable settlement. Nevertheless, in light of all the measures taken in the context of dispute resolution, there is a tendency to believe that the proliferation of reforms, particularly in civil procedure, has ulti- mately resulted in greater procedural formalities and restrictions being imposed on litigants and lawyers. 14.2 Growth Areas The main areas of growth for commercial dis- putes are linked primarily to competition law, duty of care and environmental liability, financial fraud and bank liability, cybersecurity and data protection, etc. For instance, the Paris Court of Appeal has set up a cross-disciplinary chamber dedicated to emerging litigation within its eco- nomic division, to deal with cases involving duty of care and ecological liability.
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