This Country Answer reflects the state of the law as of 18 July 2008. Please refer to the explanations in the chapter entitled Disclaimer and Preliminary Note.

A. The Contracting State and the New York Convention

1. Name of Contracting State (also specify jurisdiction(s), if relevant)

France.

2. Date of entry into force of the New York Convention

24 September 1959.

(Source: Decree No. 59-1039 of 1 Sept. 1959 published on 6 Sept. 1959.)

3. Has any reservation been made under Art. I(3) of the New York Convention regarding:

(a) reciprocity

France has made a reciprocity reservation under the New York Convention. However, French legal provisions on recognition and enforcement of foreign awards apply to awards rendered abroad, whether or not they are rendered in a Contracting State.

(Source: Decree No. 59-1039 of 1 Sept. 1959 published on 6 Sept. 1959.)

(b) commercial relationships

France made a reservation for commercial relationships at the time of signing the New York Convention but subsequently withdrew this reservation on 27 Nov. 1989.

(Source: Decree No. 90-170 of 17 Nov. 1989.)

4. In addition to arbitral awards made in the territory of another State, the New York Convention (Art. I(1)) also applies to arbitral awards not considered as domestic awards in the State where recognition and enforcement are sought. Are there any awards rendered in your country that are not considered as domestic awards such that the New York Convention and the answers to this Questionnaire are applicable to them?

Awards rendered in France that involve the interests of international trade ('international awards rendered in France') are not considered as domestic awards under French law. Unless otherwise indicated, the answers to this Questionnaire apply both to awards rendered outside France and international awards rendered in France. In the answers to this Questionnaire, the expression 'foreign awards' refers to both awards rendered outside France and international awards rendered in France.

B. National sources of law

5. What specific sources of law are applicable to recognition and enforcement of foreign awards (e.g. statutes, regulations, codes, directives, other legal instruments)?

(i) Arts. 1476 to 1479 and Arts. 1492 to 1507 of the French Code of Civil Procedure (Code de procédure civile, hereinafter 'CPC') enacted by Decree No. 81-500 of 12 May 1981; (ii) Statute No. 91-650 of 9 July 1991 on Civil Procedure for Execution; and (iii) judge-made law. French legal provisions on recognition and enforcement of foreign awards are more favourable than those of the New York Convention.

C. Limitation periods (time limits)

6.

(a) Is there a limitation period (time limit) applicable to the commencement of legal proceedings for recognition and enforcement of foreign awards?

French arbitration law does not expressly provide for a limitation period applying to the commencement of legal proceedings for recognition and enforcement of awards. However, the French Civil Code provides for a 5-year limitation period which generally applies to personal actions (other than actions for the recognition and enforcement of real property rights). Such limitation period should be considered as applicable to the filing of legal proceedings for recognition and enforcement of domestic awards. Arguably, such limitation period may be found to apply to the recognition and enforcement of international awards (i.e. foreign awards and awards rendered in France in matters of international arbitration) in France. However, there is no specific case law on this issue.

(Source: Civil Code, Art. 2224, as modified by law 2008-561 of 17 June 2008.)

(b) If yes, what is the applicable limitation period (time limit) and when does it start running?

To the extent that the general limitation period mentioned above would be found to apply to international awards, then the relevant limitation period would generally be 5 years from the date of notification of the award to the parties. Again, there is no specific French case law on this issue.

(Source: Civil Code, Art. 2224, as modified by law 2008-561 of 17 June 2008.)

D. National courts and court proceedings

7. What authority or court has jurisdiction over recognition and enforcement of foreign awards?

The Président of the Tribunal de grande instance (or delegate):* (i) where recognition or enforcement of the foreign award is sought; or (ii) either in Paris or at the place referred to in (i) above, if the award was rendered outside France; or (iii) where the award was made, if it is an international award rendered in France.

(Sources: CPC, Arts. 1500 and 1477; Code de l'organisation judiciaire, Art. L213-5; judge-made law.)

* A decision by a court of appeal dismissing legal proceedings to set aside an award amounts to recognition and enforcement of that award. As a consequence, the relevant authority or court may be the court of appeal with jurisdiction at the place where the award was rendered if: (i) an international award rendered in France is at issue; and (ii) the Président of the Tribunal de grande instance has not issued a decision granting enforcement of the award at the time the legal proceedings to set aside the award are filed.

(Source: CPC, Arts. 1504, 1507 and 1490.)

8. What requirements, if any, must be met for the authority or court to accept jurisdiction over recognition and enforcement of foreign awards (e.g. domicile or assets of respondent in the jurisdiction, etc.)?

A legitimate interest is required. This requirement is construed very broadly.

9. Is the first decision granting or denying recognition and enforcement obtained through ex parte or inter partes proceedings?

The first decision granting recognition or enforcement is generally obtained through ex parte proceedings. In such ex parte proceedings, the judge will only verify (i) the existence of the award and (ii) that recognition of the award prima facie is not manifestly contrary to French international public policy.

(Source: CPC, Art. 1498.)

If it is likely that recognition or enforcement may be denied, the judge may request the other party to make submissions. In any event, the appeal against the first decision granting enforcement of an award rendered outside France and legal proceedings to set aside an international award rendered in France are conducted inter partes.

10.

a) Is the first decision granting or denying recognition and enforcement subject to any form of appeal or recourse?

Yes.

(b) How many levels of appeal or recourse are available against this decision?

Two, as a general rule. At the first level, (i) an appeal against the decision granting or denying enforcement of an award rendered outside France may be filed with the court of appeal; (ii) a legal proceeding to set aside an international award rendered in France may be filed with the court of appeal. At the second level, a legal proceeding to annul the decision of the court of appeal may be filed with the French Supreme Court (Cour de cassation). The Cour de cassation's review is limited to legal grounds as opposed to factual grounds. If the Cour de cassation annuls the decision of the court of appeal, the case may be referred back to another court of appeal.

(Sources: CPC, Arts. 1501, 1502, 1504 and principles of French procedure contained therein.)

11. What is the earliest stage in legal proceedings for enforcement of foreign arbitral awards at which a party can obtain execution against assets (i.e. party actually obtains possession of assets as opposed to simply freezing assets)?

As a general rule, execution against assets in France (i) may be obtained after expiry either of the time limit* for filing an appeal against the first ex parte decision granting enforcement of an award rendered outside France (exequatur), or the time limit* for legal proceedings to set aside an international award rendered in France and (ii) such execution is suspended as from the filing of any such recourse.

(Source: CPC, Art. 1506 and other general provisions therein.)

* This time limit expires one month after official notification to the other party of the decision granting enforcement (exequatur) and is extended to 3 months if the other party resides outside France.

However, it is possible to obtain provisional execution against assets (execution provisoire) in France, if either (i) the award contains an order for provisional execution or (ii) a French judge grants an order for provisional execution. In such circumstances, execution against assets may be obtained immediately upon official notification to the other party of the decision granting enforcement (exequatur) or the judge's order for provisional execution.

(Source: CPC, Arts. 1500, 1479 and 524.)

In any event, the judge may suspend the provisional execution of an award in France if such execution could have 'clearly excessive consequences'.

(Source: CPC, Art. 524.)

E. Evidence required

12.

(a) What evidence must be supplied for recognition and enforcement of foreign awards (e.g. arbitral award, contract containing arbitration clause, affidavits, witness statements, etc.)?

The following evidence must be supplied: (i) the arbitral award and (ii) the arbitration agreement.

(Source: CPC, Art. 1499.)

(b) Is it necessary to provide the entire document or only certain parts (e.g. entire contract or only arbitration clause)?

It is necessary to supply (i) the award in its entirety and (ii) the relevant pages of the document containing the arbitration clause.

(c) Are originals or duly certified copies required?

The following are required: (i) an original or a certified copy of the award must be filed; however, as a matter of practice in Paris (the most common venue for international arbitration matters today), both an original and a certified copy of the award are required; and (ii) a certified copy of the arbitration clause.

(d) How many originals or duly certified copies are required?

The following are required: (i) one original or one certified copy of the award and, in Paris, one original and one certified copy of the award; and (ii) one certified copy of the arbitration clause.

(e) Does the authority or court keep the originals that are filed?

In Paris, the Tribunal de grande instance keeps the original award, unless a written and reasoned request for return of the original is submitted to the judge.

13.

(a) Is it necessary to provide a translation of the documents supplied?

Yes.

(Source: CPC, Art. 1499.)

(b) If yes, into what language?

French.

(Source: CPC, Art. 1499.)

(c) Is it necessary for the translations to be certified and, if yes, by whom (official or sworn translator, diplomatic or consular agent (of which country?) or some other person)?

(i) An award rendered outside France must be translated either by a sworn translator or by a diplomatic or consular agent.

(Source: Paris 1re Ch. C., 18 Mar. 2004, Synergie v. SC Connect SA, Rev. arb. 2004.917.)

(ii) An international award rendered in France must be translated by a translator registered on the list of experts at the court seized of the legal proceedings for recognition or enforcement.

(Source: CPC, Art. 1499.)

(d) Is it necessary to provide a full translation of the documents or only a translation of certain parts (e.g. entire award or only part setting forth the decisions; entire contract or only arbitration clause)?

It is necessary to provide a full translation of the award and the arbitration clause. There is no need to provide a translation of the entire contract containing the arbitration clause.

F. Stay of enforcement

14.

(a) Can the authority or court stay legal proceedings for recognition and enforcement pending the outcome of an application to set aside or suspend the foreign award before the competent authority referred to in Art. V(1)(e) of the New York Convention?

An application made at the place of arbitration to set aside or suspend the effectiveness of an award rendered outside France does not provide grounds to stay or refuse recognition and enforcement of that award in France.

(Source: Paris 1re Ch. C., 10 June 2004, Bargues Agro Industries v. Young Pecan Company, Rev. arb. 2006.154.)

(b) On what other grounds, if any, can the authority or court stay legal proceedings for recognition and enforcement (e.g. forum non conveniens)?

There are no other grounds under French international arbitration law to stay legal proceedings for recognition and enforcement.

Pursuant to French insolvency law: (i) legal proceedings for recognition and enforcement against an insolvent debtor located in France may be stayed for the duration of the insolvency proceedings; and (ii) recovery of the amount awarded may be compromised under a restructuring plan applicable in France.

(c) Is the granting of a stay of legal proceedings for recognition and enforcement conditional on the provision of security?

Not applicable.

G. Confidentiality

15.

(a) Do the documents filed in legal proceedings for recognition and enforcement form part of the public record? If yes, can any steps be taken to preserve the confidentiality of such documents?

The arbitral award and the arbitration clause filed before the authority with jurisdiction for recognition and enforcement of the award do not form part of the public record. In legal proceedings to set aside an international award rendered in France or an appeal against the first ex parte decision granting recognition or enforcement of an award, the parties' written pleadings form part of the public record. The French courts do not have a duty to preserve the confidentiality of these pleadings once they have been filed. It should be noted that no pleadings are filed in the first ex parte proceedings for recognition or enforcement.

(b) If there are hearings on recognition and enforcement, are such hearings confidential? If not, can steps be taken to maintain the confidentiality of the legal proceedings?

There are generally no hearings in the first ex parte proceedings for recognition or enforcement of an award. Hearings held in the following inter partes proceedings are generally public: (i) appeals of the decision granting enforcement of an award rendered outside France (exequatur) and (ii) proceedings to set aside an international award rendered in France. However, if all parties agree, the judge may decide that such hearings shall be confidential.

(Source: CPC, Arts. 22, 433 and 435.)

(c) Are judgments on recognition and enforcement published? If yes, can steps be taken to remove the names of the parties or avoid publication of confidential information (such as business or State secrets)?

Recognition and enforcement decisions are generally made by stamping the exequatur on the award. There is therefore no judgment as such and the exequatur is not published.

(Source: CPC, Art. 1478.)

Judgments in the following proceedings are part of the public record: (i) appeals of the decision granting enforcement of an award rendered outside France (exequatur) and (ii) proceedings to set aside an international award rendered in France. Steps may be taken to remove the names of individuals who are parties to an arbitration, but only in circumstances that rarely apply in international arbitral proceedings.

H. Other issues

16. When, if ever, can a party obtain recognition and enforcement of interim or partial foreign awards?

It is always possible to obtain recognition and enforcement in France of interim or partial awards.

17. When, if ever, can a party obtain recognition and enforcement of non-monetary relief in foreign arbitral awards (e.g. order requiring a party to deliver up share certificates or other property)?

As a general rule, it is possible to obtain recognition and enforcement in France of foreign awards granting non-monetary relief.

18. When, if ever, can a party obtain recognition and enforcement of only part of the relief granted in foreign awards?

In principle, the judge may only grant or deny recognition and enforcement of an award as a whole. It is doubtful that a party could obtain recognition and enforcement of only part of the relief granted in a foreign award. However, it is possible to obtain partial enforcement of an award rendered outside France if part of that award is found to (i) exceed the jurisdiction of the arbitral tribunal or (ii) violate French international public policy, provided that this part of the award is separable from the rest of the award. Moreover, since international awards rendered in France may be partially set aside by the French courts, it is possible to obtain partial enforcement of such an award.

19. When, if ever, can a party obtain recognition and enforcement of foreign awards which have been set aside by the competent authority referred to in Art. V(1)(e) of the New York Convention?

An award rendered outside France that is set aside at the place of arbitration may still be recognized and enforced in France.

(Sources: see e.g. Cass. 1re civ., 9 October 1984, Pabalk Tikaret Sirketi v. Norsolor, Rev. arb. 1985.431; Hilmarton v. OTV, Cass. 1re civ., 23 March 1994, Rev. arb. 1994.327; Cass. 1re civ., 29 June 2007, PT Putrabali Adyamulia v. Rena Holding et al., Rev. arb. 2007.646.)

20. Are there any other procedural or practical requirements relating to recognition and enforcement of foreign awards which are worth mentioning (e.g. unusually high court costs, filing fees, stamp duties, obligation to post security as a condition for seeking recognition and enforcement, obligation to identify the assets that will be the object of enforcement, etc.)?

There are no registration duties or taxes to be paid in relation to recognition and/or enforcement of foreign awards in France. However, if an award results in a transfer of rights in France that is subject to specific transfer taxes, such taxes may become due to the French tax authorities.

Country Rapporteur: Denis Bensaude.

Other contributors: Jean de Hautecloque, Jalal El Ahdab, Jean-Christophe Honlet, Christine Lecuyer-Thieffry, Geoffroy Lyonnet.