Post-arbitration proceedings

After the arbitration proceedings and the award being rendered, judicial proceedings can arise to obtain the annulment of the award or in relation to its recognition and enforcement.

The arbitral award is subject to the control of the competent judge of the seat or the judge where enforcement is sought. This can give rise to specific proceedings.

The effectiveness of the arbitration award rests upon its integration into the legal system of the country where its enforcement is sought. Accordingly, public authority is required for the award to be enforceable.

In France, the recognition of the award is a simple procedure. The party must obtain an exequatur order from the competent judge. The judge will not conduct any substantive review at this stage. After the award has been recognized, it may be enforced in compliance with the local rules applicable to enforcement procedures.

At the international level, it is also generally facilitated by virtue of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

However, a party can challenge the exequatur of the award granted, on the basis of the limited reasons listed in Article 1520 of the Code of Civil Procedure (lack of jurisdiction or improper constitution of the arbitral tribunal, violation by the arbitral tribunal of its mission, failure to respect the adversarial principle and recognition or enforcement of the award contrary to international public policy).

Separately, parties to the award may directly file annulment proceedings before the state judge of the seat of the arbitration. If the seat of the arbitration is in France, the party must then raise one of the reasons listed in Article 1520 of the Code of Civil Procedure.

Whether control is exercised through a challenge to the arbitral award or by appealing the recognition of the award, the review of the judge is minimal and limited to the grounds set out in Article 1520 of the Code of Civil Procedure. It does not entail a review of the merits of the award.

Your challenges

Control the effects and consequences of an award

Enforcing the arbitral award in all relevant jurisdictions

In order to enforce an arbitral award, which is not enforceable in and of itself, it is necessary to have it recognized in the jurisdictions where its enforcement is sought. Specific recognition procedures must be introduced in the countries targeted for enforcement depending on local law.

Preserving the validity of the awards or challenging them if necessary

If arbitration is a private justice system, it remains subject to State control through the set-aside procedure or in the course of the recognition procedure. In that situation, the judge will review the compliance of the award with limited principles, such as international public order rules. These procedures and rules require specific counsel and representation.

Defining and establishing a strategy to enforce arbitral awards

The disputes referred to arbitration are often international. Accordingly, enforcement of awards can frequently be cross-borders. In order to ensure an efficient enforcement of the award and the recovery of assets, it is necessary to plan said enforcement by identifying assets, have the award recognized in relevant countries and introduce enforcement measures where it is possible or necessary.

Our way

Comprehensive assistance to obtain compensation or introduce necessary challenges

A command of post-arbitral proceedings

We frequently assist clients, as claimants or respondents, before French courts or foreign courts, with the help of local counsel, in set-aside proceedings and in recognition and enforcement proceedings.

An international network of leading foreign attorneys

We rely on our network of trusted partners in order to offer our clients the best and most relevant advice during foreign proceedings.

A full service to set-up post-arbitration strategies

Our team works with professionals of enforcement proceedings (bailiffs, investigators, experts, etc.) in France and abroad in order to track assets, set-up enforcement strategies and introduce necessary proceedings to enforce awards or to identify ways to challenge them.

Clients' stories

How to recognize and enforce an arbitral award?

A party to an arbitration has obtained a favorable award. It wishes to recover its claim and seeks to have the award enforced in several jurisdictions, including in France where recoverable assets have been identified. It is essential to obtain first the exequatur of the award before enforcing it by common means of enforcement.
Read Story

How to initiate arbitration proceedings?

In order to settle a dispute, arbitration proceedings must be initiated by submitting a request for arbitration
Read Story

How to challenge an arbitral award?

After an arbitral award has been rendered, a party has identified irregularities and wishes to challenge it
Read Story
Accolades Navacelle
NAVACELLE recognized once again in 2024 in
WHITE COLLAR CRIME
Sources say: “A strong team which is able to deal with complex white-collar matters including those with a cross-border element.
The firm is very adaptable to changing circumstances and able to respond quickly to increases in workload requirements.
A very good sense of the overall strategy in any case.”
Stéphane de Navacelle once again in 2023 picked in
Corporate Compliance & Investigations
Sources say: "Stéphane de Navacelle deep understanding of his area of expertise and his interpersonal skills make him a great lawyer"
Navacelle once again identified in 2023
as one of the world's top 100 firms for
CROSS-BORDER INVESTIGATIONS
Julie Zorrilla recognized in 2023
as Global Leader in
BUSINESS CRIME DEFENSE
CORPORATES
NAVACELLE recognized once again in 2024 in
FINANCIAL MARKET & BANKING REGULATORS AND STOCK MARKET LITIGATION
Litigation & Arbitration
“ Excellent ”
Julie Zorrilla selected in
Women in Investigations 2021 as
ONE OF AN HUNDRED
EXCEPTIONAL WOMAN IN THE
WHITE COLLAR WORLD
Stéphane de Navacelle recognized in 2023
as National Leader in
ASSET RECOVERY
NAVACELLE recognized once again in 2024 in
CRIMINAL TAX LAW
Litigation & Arbitration
“ Excellent ”

Latest news and insights

News & Noteworthy content from Navacelle

Event
21 February 2024
Paris Arbitration Week 2024 – Ethics & Arbitration panel
Navacelle is hosting a panel regarding Ethics & Arbitration on 19 March 2024, during the Paris Arbitration Week (PAW).
Event
Arbitration & Corruption PAW Navacelle
29 March 2023
Will the recent French case law harm the position of Paris as preferred arbitral seat?
As part of the Paris Arbitration Week which occurred from 27 to 31 March 2023 (“PAW”), Navacelle held a panel discussion on 29 March 2023.
See all news and insights

Stay ahead in a rapidly changing world

Subscribe for Navacelle insights & critical updates

Listen all podcasts