Arbitral Digest

Matter

Delmas Export v Burkinabè Company O. X… (French Court of Cassation, First Civil Chamber)

  1. 30 June 1999Burkina Faso

    30 June 1999Burkina Faso

    Judgment of the Ouagadougou Court of First Instance dated 30 June 1999

    Ouagadougou Court of First Instance

    Decision summary
    The court ordered Delmas Export, after set-off, to pay various sums to the Burkinabè company O. X…

    Supporting details

    2 participants
    Burkinabè Company O. X…
    Delmas Export
    Ouagadougou Court of First Instance

    5 years, 3 months and 28 days later · 1947 days

  2. 28 October 2004France

    28 October 2004France

    Order of the President of the Toulouse Court of First Instance dated 28 October 2004

    President of the Toulouse Court of First Instance

    Decision summary
    The president rejected exequatur of the 30 June 1999 Ouagadougou judgment on the ground that the expert relied on to determine the award was not objectively independent, treating that defect as contrary to French international procedural public policy.

    Supporting details

    2 participants
    Mr X…
    Delmas Export
    President of the Toulouse Court of First Instance

    1 year, 3 months and 3 days later · 460 days

  3. 31 January 2006France

    31 January 2006France

    Judgment of the French Court of Cassation, First Civil Chamber dated 31 January 2006

    French Court of Cassation, First Civil Chamber

    Decision summary
    The court set aside the Toulouse exequatur order and, without remand, ordered exequatur of the 30 June 1999 Ouagadougou judgment. It held that the exequatur court could not review the foreign judgment on the merits after the alleged expert-impartiality issue had been examined through the remedies available in Burkina Faso, and it ordered Delmas Export to pay EUR 2,000 to Mr X… under article 700 of the New Code of Civil Procedure.

    Supporting details

    5 authorities · 2 participants
    Delmas Export
    Mr X…
    French Court of Cassation, First Civil Chamber

    Authorities cited

    5
    • French Court of Cassation, First Civil Chamber, 8 June 2004, Bulletin I, No. 161 (Civ. 1re, 8 juin 2004, B. I n° 161)
      case-law
    • French Civil Code (Article 15 of the French Civil Code)
      statute
    • Judicial Cooperation Agreement of 24 April 1961 Between the French Republic and the Republic of Upper Volta (Articles 36 and 39 of the Judicial Cooperation Agreement of 24 April 1961 Between the French Republic and the Republic of Upper Volta)
      statute
    • French New Code of Civil Procedure (Articles 455, 625, 627, 631, and 700 of the French New Code of Civil Procedure)
      statute
    • European Convention on Human Rights
      statute

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Delmas Export v Burkinabè Company O. X… (French Court of Cassation, First Civil Chamber) · Matter