Excelsior Film TV SRL v UGC-PH (French Court of Cassation)

Procedural record

1. 24 June 1994France

   24 June 1994France

   Judgment of the Paris Court of Appeal dated 24 June 1994

   Paris Court of Appeal

   Decision summary

   The Paris Court of Appeal refused exequatur for the arbitral award rendered in Rome in the dispute between Excelsior Film TV SRL and UGC-PH, finding that an arbitrator's lack of impartiality violated French international public policy.

   Participants

   Excelsior Film TV SRL

   UGC-PH

   Paris Court of Appeal

   3 years and 9 months later · 1369 days

2. 24 March 1998France

   24 March 1998France

   Decision of the French Court of Cassation on exequatur of an Italian arbitral award

   French Court of Cassation

   Decision summary

   The French Court of Cassation rejected Excelsior Film TV SRL's appeal against the refusal of exequatur for an arbitral award rendered in Rome. It held that the arbitrator's disloyal conduct created an imbalance between the parties and violated defence rights, making the award contrary to French international public policy.

   Participants

   Excelsior Film TV SRL

   Representative

   Mr X... (For: Excelsior Film TV SRL)

   UGC-PH

   French Court of Cassation

   Authorities cited

   2

   • New York Convention of 10 June 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958))
     treaty
   • French New Code of Civil Procedure
     statute
3. Date not availableArbitration

   Date not availableArbitration

   Arbitral award rendered in Rome in the dispute between Excelsior Film TV SRL and UGC-PH

   Participants

   Excelsior Film TV SRL

   UGC-PH