Arbitral Digest

Matter

Auchan v Puerto Loisirs (French Court of Cassation, First Civil Chamber, 3 November 2004)

Arbitration between Auchan and Puerto Loisirs concerned arbitral award ordered Auchan to pay various sums to Puerto Loisirs; related court records address the award and its treatment.

  • Recognition and enforcement of arbitral awards

Procedural record

  1. 19 July 1999Arbitration

    19 July 1999Arbitration

    Geneva arbitral award dated 19 July 1999

    Decision summary
    The arbitral award ordered Auchan to pay various sums to Puerto Loisirs.

    Participants

    Auchan
    Puerto Loisirs

    1 year, 5 months and 30 days later · 549 days

  2. 18 January 2001France

    18 January 2001France

    Judgment of the Paris Court of Appeal dated 18 January 2001

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal rejected Auchan's challenges to the exequatur order and its service and confirmed execution of the Geneva arbitral award.

    Participants

    Auchan
    Puerto Loisirs
    Paris Court of Appeal

    3 years, 9 months and 16 days later · 1385 days

  3. 3 November 2004France

    3 November 2004France

    Decision of the French Court of Cassation, First Civil Chamber dated 3 November 2004

    French Court of Cassation, First Civil Chamber

    Decision summary
    The Court of Cassation rejected Auchan's appeal. It held that, absent fraud, the President of the Paris Regional Court had jurisdiction over recognition or enforcement of a foreign arbitral award, that the exequatur order was not independently appealable on territorial-jurisdiction grounds, and that the award's reasoning was outside the permitted review; Auchan was ordered to pay costs.

    Participants

    Auchan
    Puerto Loisirs
    French Court of Cassation, First Civil Chamber

    Authorities cited

    4
    • French New Code of Civil Procedure
      statute
    • French Civil Code
      statute
    • European Convention on Human Rights
      treaty
    • European Convention on International Commercial Arbitration, Geneva, 21 April 1961
      treaty
  4. Date not availableFrance

    Date not availableFrance

    Paris Regional Court exequatur order for the 19 July 1999 Geneva award

    Paris Regional Court

    Decision summary
    The President of the Paris Regional Court granted exequatur in France to the Geneva arbitral award, after which Puerto Loisirs sought enforcement against Auchan.

    Participants

    Auchan
    Puerto Loisirs
    Paris Regional Court

Matter record

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Auchan v Puerto Loisirs (French Court of Cassation, First Civil Chamber, 3 November 2004) · Matter