Arbitral Digest

Matter

Y... Family Members v X... (French Court of Cassation recognition and enforcement proceeding)

French recognition proceedings concerning a Lugano award of 10 December 1980 and whether the arbitrators ruled after the arbitration agreement had expired.

  • Recognition and enforcement of arbitral awards

Procedural record

  1. 10 December 1980Arbitration

    10 December 1980Arbitration

    Arbitral Award rendered at Lugano on 10 December 1980

    Decision summary
    The arbitral tribunal rendered an award at Lugano on 10 December 1980.

    Participants

    Y... Family Members
    X...

    15 years, 1 month and 21 days later · 5530 days

  2. 31 January 1996France

    31 January 1996France

    Judgment of the Reims Court of Appeal dated 31 January 1996, No. 120

    Reims Court of Appeal

    Decision summary
    The Reims Court of Appeal refused exequatur of the arbitral award rendered at Lugano on 10 December 1980.

    Participants

    Y... Family Members
    X...
    Reims Court of Appeal

    2 years, 8 months and 5 days later · 979 days

  3. 6 October 1998France

    6 October 1998France

    Decision of the French Court of Cassation concerning the Y... and X... parties

    French Court of Cassation

    Decision summary
    The Court of Cassation rejected the appeal against the Reims Court of Appeal's refusal to grant exequatur to the Lugano arbitral award. It held that the arbitrators had decided after the arbitration agreement expired, despite express extensions through 29 October 1979, which independently justified refusal of recognition and enforcement.

    Participants

    Y... Family Members
    X...
    French Court of Cassation

    Authorities cited

    1
    • French New Code of Civil Procedure, Article 1502(1) and (3)
      statute

Matter record

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Y... Family Members v X... (French Court of Cassation recognition and enforcement proceeding) · Matter