Introduction

Existence of a claim

Issuance of enforcement order (writs of execution)

Existence of seizable assets or claims

Conditions of enforcement

Judicial authority

Other authorities

Competent authorities and persons

Operations

Difficulties in enforcement

Implementation of compulsory enforcement

General regime of enforcement procedures

Concept of penalty

Scope ratione personae

Material scope

Determination of penalty

Competence of judge

Powers of court

Effects of ruling ordering or rejecting penalty

Pronouncement of penalty

Substantive conditions

Procedural conditions

Role and powers of the judge

Effects of liquidation judgment

Liquidation of the penalty

Penalty

Conditions of implementation

Contesting the measures

Ordinary law on protective measures

Protective seizures

Judicial security interests (sûretés judiciaires)

Specific regimes

Interim protective measures (mesures conservatoires)

Seizure of claims for sums of money

Seizure of tangible movable property

Seizure of intangible rights

Enforcement measures on movable property

Real estate seizures

Evictions

Enforcement measures on real estate

Enforcement measures

5. Civil Enforcement Procedures

Like foreign judgments, Article L.111-3, 2° of the Code of Civil Enforcement Procedures subjects the enforcement in France of arbitral awards to the implementation of an exequatur procedure .
Regarding domestic arbitration, the Judicial Court within whose jurisdiction the award was rendered is competent to issue an order of exequatur . The procedure, which is not adversarial , cannot succeed if th …

Necessary exequatur

Like foreign judgments, Article L.111-3, 2° of the Code of Civil Enforcement Procedures subjects the enforcement in France of arbitral awards to the implementation of an exequatur procedure .

Regarding domestic arbitration, the Judicial Court within whose jurisdiction the award was rendered is competent to issue an order of exequatur . The procedure, which is not adversarial , cannot succeed if the award is manifestly contrary to public policy . Otherwise, the exequatur is affixed to the original or, if not produced, to the copy of the arbitral award. The order granting exequatur is not subject to any appeal. However, an appeal or an application for annulment of the arbitral award automatically entails an appeal against the order of the judge who ruled on the exequatur.

Regarding international arbitration, awards are recognized or enforced in France if their existence is established and if such recognition is not manifestly contrary to international public policy. The court's review is limited as it does not verify execution and can only refuse the exequatur if the submitted act does not have a contentious character . This limitation of the court's review aims to strengthen the enforceability of international arbitral awards. The decision refusing the recognition or exequatur of an international arbitral award rendered in France is subject to appeal. The appeal is filed within one month from the service of the decision. When the arbitral award is not drafted in the French language, the exequatur is also affixed to the translation . Nevertheless, the exequatur is granted to the arbitral award and not to its translation, which is required only to ensure the integrity of the document presented and to facilitate the examination of the arbitral award by French courts . In other words, the validity of the arbitral award does not depend on the quality or accuracy of the translation provided.

Internal and international public policy sometimes intertwine. Indeed, in matters of insolvency proceedings, the suspension of individual actions by creditors against a debtor is considered a principle of both internal and international public policy. Consequently, when a debtor is placed under insolvency proceedings, creditors can no longer initiate individual actions to recover the amounts owed to them. This rule aims to ensure equal treatment among creditors and to prevent some from receiving preferential treatment to the detriment of others. In this context, the Court of Cassation considers that the recognition and enforcement of a foreign arbitral award ordering the debtor to pay sums of money would be contrary to the principle of the suspension of individual actions, a principle of public policy .

Finally, the enforcement of arbitral awards declared enforceable may be pursued for ten years .

CPC, Art. 1488. - See, for an application, Cass. 1re civ., 9 December 2003, LawLex202300000861JBJ.

Cass. 2e civ., 17 February 1971, LawLex202300000860JBJ.

Cass. 1re civ., 14 January 2015, LawLex202200010961JBJ.

Cass. com., 12 November 2020, LawLex202100006109JBJ.

5. Civil Enforcement Procedures

23. Necessary exequatur

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23. Necessary exequatur

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Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

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