JP. Beemsterboer BV v Mrs Alfred X..., born Marie-Anne Y...

Procedural record

1. 17 October 1989France

   17 October 1989France

   Judgment of the Rennes Court of Appeal, First Chamber A dated 17 October 1989

   Rennes Court of Appeal, First Chamber A

   Decision summary

   The Rennes Court of Appeal refused enforcement of the Belgian arbitral award after finding that the arbitral tribunal may have gathered evidence from witnesses outside the parties' presence, without giving the parties an opportunity to discuss it.

   Participants

   JP. Beemsterboer BV

   Mrs Alfred X..., born Marie-Anne Y...

   Rennes Court of Appeal, First Chamber A

   1 year, 7 months and 25 days later · 602 days

2. 11 June 1991France

   11 June 1991France

   Judgment of the French Court of Cassation, First Civil Chamber dated 11 June 1991

   French Court of Cassation, First Civil Chamber

   Decision summary

   The Court of Cassation rejected JP. Beemsterboer BV's appeal and upheld the refusal to enforce a Belgian arbitral award. It held that the Rennes Court of Appeal did not have to answer an argument that had not been made before it, and that the finding that witnesses had been heard outside the parties' presence was not hypothetical reasoning; the adversarial-process issue therefore supported refusal of enforcement.

   Participants

   JP. Beemsterboer BV

   Representative

   Baraduc-Benabent (For: JP. Beemsterboer BV)

   Mrs Alfred X..., born Marie-Anne Y...

   Representative

   SCP Riché et Thomas-Raquin (For: Mrs Alfred X..., born Marie-Anne Y...)

   French Court of Cassation, First Civil Chamber

   Judge

   Massip

   Judge

   Lemontey

   Judge

   Grégoire

   Advocate General

   Gaunet

   Court clerk

   Ydrac

   Authorities cited

   3

   • New York Convention of 10 June 1958 (Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York, 10 June 1958), Article 5)
     treaty
   • French New Code of Civil Procedure, Article 1502(4)
     statute
   • French Code of Judicial Organization, Article L. 131-6
     statute
3. Date not availableArbitration

   Date not availableArbitration

   Belgian arbitral award

   Participants

   JP. Beemsterboer BV

   Mrs Alfred X..., born Marie-Anne Y...