Exequatur

Procedure whereby the State courts make an arbitral award enforceable in the territory of that State. States Parties to the New York Convention undertake not to refuse the enforcement of awards issued in other States Parties (referred to as foreign awards) unless it is established that they do not comply with certain conditions, which should not be stricter than those provided by the Convention. Under French law, which is more liberal than the Convention, the exequatur of foreign awards can be refused only on the following five grounds: the arbitrator has decided in the absence of an arbitration agreement or on the basis of a void or expired agreement; there was an irregularity in the constitution of the arbitral tribunal or in the appointment of the sole arbitrator; the arbitrator’s decision does not conform to the terms of his reference; the principle of due process has not been complied with; or the recognition or enforcement of the award would be contrary to international public policy. In addition, awards issued in France in international matters (cf International arbitration) may be set aside (cf Actions to set aside) for these same grounds.

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