Arbitral Digest

Matter

Armand X... — French exequatur proceedings concerning the Dakar bankruptcy judgment

  1. 21 July 1973Senegal

    21 July 1973Senegal

    Judgment of the Tribunal of Dakar dated 21 July 1973

    Tribunal of Dakar

    Decision summary
    The Tribunal declared Armand X..., a public-works contractor in Dakar, bankrupt and provisionally fixed 10 April 1970 as the date of cessation of payments.

    Supporting details

    1 participant
    Armand X...
    Tribunal of Dakar

    9 months and 8 days later · 282 days

  2. 29 April 1974France

    29 April 1974France

    Order of the President of the Tribunal de grande instance de Bourges dated 29 April 1974

    Tribunal de grande instance de Bourges

    Decision summary
    The President granted exequatur to the Dakar bankruptcy judgment but limited its effects concerning the date of cessation of payments to the time limits under French law.

    Supporting details

    1 participant
    Armand X...
    Tribunal de grande instance de Bourges

    1 year, 2 months and 16 days later · 442 days

  3. 15 July 1975France

    15 July 1975France

    Decision of the French Court of Cassation dated 15 July 1975

    French Court of Cassation

    Decision summary
    The Court of Cassation held that the public-policy condition for recognition or exequatur of a foreign judgment under Article 26 of the France-Senegal Convention is international public policy, not domestic public policy. It quashed the 29 April 1974 Bourges order, which had limited the effect of the Dakar bankruptcy judgment as to the date of cessation of payments, and remitted the case to the President of the Tribunal de grande instance of Orléans.

    Supporting details

    2 authorities · 1 participant
    Armand X...
    French Court of Cassation

    Authorities cited

    2
    • Convention between France and Senegal of 14 June 1962
      treaty
    • French Law of 13 July 1967
      statute

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Armand X... — French exequatur proceedings concerning the Dakar bankruptcy judgment · Matter