Arbitral Digest

Matter

Bank of New York v Mishal X (French Court of Cassation)

  1. 19 June 1987United States

    19 June 1987United States

    Default summary judgment of the United States District Court for the Southern District of New York dated 19 June 1987

    United States District Court for the Southern District of New York

    Decision summary
    The court entered a default summary judgment requiring Mishal X, as guarantor of a Bank of New York loan, to pay USD 19,071,196.

    Supporting details

    2 participants
    Bank of New York
    Mishal X
    United States District Court for the Southern District of New York

    2 years, 7 months and 13 days later · 958 days

  2. 1 February 1990France

    1 February 1990France

    Judgment of the Paris Court of Appeal dated 1 February 1990

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal confirmed the exequatur of the Southern District of New York judgment and the conversion of conservatory measures into enforcement measures.

    Supporting details

    2 participants
    Bank of New York
    Mishal X
    Paris Court of Appeal

    2 years and 17 days later · 747 days

  3. 18 February 1992France

    18 February 1992France

    Judgment of the French Court of Cassation dated 18 February 1992

    French Court of Cassation

    Decision summary
    The French Court of Cassation rejected Mishal X's appeal and upheld the treatment of his alleged fraud defense as a merits issue outside the limited international public-policy review of the foreign judgment's regularity. The court held that fraud had not been established.

    Supporting details

    2 authorities · 2 participants
    Bank of New York
    Mishal X
    French Court of Cassation

    Authorities cited

    2
    • French new Code of Civil Procedure (Article 12 of the French new Code of Civil Procedure)
      statute
    • European Convention for the Protection of Human Rights and Fundamental Freedoms (Article 6 of the European Convention for the Protection of Human Rights and Fundamental Freedoms)
      treaty
  4. Date not availableFrance

    Date not availableFrance

    Order of the Paris Regional Court granting exequatur

    Paris Regional Court

    Decision summary
    The Paris Regional Court granted exequatur to the Southern District of New York judgment and authorized the related conversion of conservatory measures into enforcement measures.

    Supporting details

    2 participants
    Bank of New York
    Mishal X
    Paris Regional Court

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Bank of New York v Mishal X (French Court of Cassation) · Matter