Arbitral Digest

Matter

DONALD Y... v DAME X...

DONALD Y... v DAME X... concerns French recognition of an English money judgment, with the Cour de cassation examining residence and indirect jurisdiction.

  • Enforcement of foreign judgments

Procedural record

  1. 6 March 1974France

    6 March 1974France

    Judgment of the Paris Court of Appeal dated 6 March 1974

    Paris Court of Appeal

    Decision summary
    The Paris Court of Appeal refused exequatur of the English money judgment after finding that DONALD Y... and DAME X... were both domiciled in Paris.

    Participants

    DONALD Y...
    DAME X...
    Paris Court of Appeal

    1 year, 9 months and 10 days later · 650 days

  2. 16 December 1975France

    16 December 1975France

    Judgment of the French Court of Cassation

    French Court of Cassation

    Decision summary
    The Court of Cassation quashed the Paris Court of Appeal's refusal to grant exequatur to the English money judgment and remitted the case to the Court of Appeal of Reims. It held that the Court of Appeal had failed to examine whether DAME X... had a habitual residence in England that could establish the indirect jurisdiction of the English courts under the France–United Kingdom Convention.

    Participants

    DONALD Y...
    DAME X...
    French Court of Cassation

    Authorities cited

    1
    • France–United Kingdom Convention dated 18 January 1934 on the Enforcement of Judgments
      treaty
  3. Date not availableEngland

    Date not availableEngland

    Judgment of an English court concerning DONALD Y... and DAME X...

    Decision summary
    An English court ordered DAME X... to pay DONALD Y... a sum of money.

    Participants

    DONALD Y...
    DAME X...

Matter record

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DONALD Y... v DAME X... · Matter