Arbitral Digest

Matter

Agency for Air Navigation Safety in Africa and Madagascar (ASECNA) v Mr X (French Court of Cassation, nos. 99-16.673 and 98-11.776)

  1. 17 October 2000France

    17 October 2000France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 17 October 2000, no. 98-11.776

    French Court of Cassation, First Civil Chamber

    Case no.
    98-11.776
    Decision summary
    The Court rejected ASECNA's appeal and upheld the application of French recognition and enforcement rules to the Dakar arbitral sentence, whether characterized as internal or international under Senegalese law. It held that the more favourable French arbitration law applied through the New York Convention and the France–Senegal Convention, so a suspensive appeal in Senegal did not bar exequatur in France.

    Supporting details

    3 authorities · 2 participants
    Agency for Air Navigation Safety in Africa and Madagascar (ASECNA)
    Mr X
    French Court of Cassation, First Civil Chamber

    Authorities cited

    3
    • French New Code of Civil Procedure
      statute
    • New York Convention dated 10 June 1958 on the Recognition and Enforcement of Foreign Arbitral Awards
      treaty
    • France–Senegal Convention dated 29 March 1974
      treaty

    7 months and 12 days later · 224 days

  2. 29 May 2001France

    29 May 2001France

    Judgment of the French Court of Cassation, First Civil Chamber, dated 29 May 2001, no. 99-16.673

    French Court of Cassation, First Civil Chamber

    Case no.
    99-16.673
    Decision summary
    The Court rejected ASECNA's appeal concerning its challenge to a conservatory seizure carried out under the Dakar arbitral sentence after exequatur in France. It held that the France–Senegal agreement was not regularly ratified and, in any event, addressed enforcement of judicial decisions rather than arbitral sentences.

    Supporting details

    4 authorities · 2 participants
    Agency for Air Navigation Safety in Africa and Madagascar (ASECNA)
    Mr X
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • France–Senegal Agreement dated 16 February 1994 on the Effects of Exequatur in Civil, Social and Commercial Matters
      treaty
    • French decree of 18 February 1994 publishing the France–Senegal Agreement dated 16 February 1994 on the Effects of Exequatur in Civil, Social and Commercial Matters (French decree of 18 February 1994)
      statute
    • Senegalese Law of 15 February 1985
      statute
    • French Constitution
      statute
  3. Date not availableArbitration

    Date not availableArbitration

    Arbitral sentence rendered in Dakar in favour of Mr X

    Decision summary
    The arbitral sentence rendered in Dakar was in favour of Mr X in the dispute concerning the conditions of his dismissal.

    Supporting details

    2 participants
    Agency for Air Navigation Safety in Africa and Madagascar (ASECNA)
    Mr X

Matter record

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Agency for Air Navigation Safety in Africa and Madagascar (ASECNA) v Mr X (French Court of Cassation, nos. 99-16.673 and 98-11.776) · Matter