O Regime da Execução Provisória das Sentenças Arbitrais Internacionais na França

Abstract

ABSTRACT: Effective enforcement of arbitral awards, when needed, is one essential element for a successful arbitration. The effective enforcement of an arbitral award is of even greater importance in cases where the losing party refuses to execute in good faith the arbitral award. In effect, the losing party may file a motion to delay the execution of the arbitral award. In France, the action to set aside an arbitral award (recours en annulation) as well as the appeal seeking to overturn the judgment that orders the enforcement of an arbitral award made in a foreign country, have the effect of suspending the execution of the award. As a result and as a general rule, in case of action to set aside or an appeal, arbitral awards cannot be executed unless a provisional enforcement of the decision is sought and granted. Two reasons justify the study of the provisional enforcement of international arbitral awards in France. The first reason is the great complexity presented at the moment of transposing the French rules on provisional enforcement of judgments into international arbitration. The second reason is the ultimate means to overcome the suspensive effect of the action to set aside or the appeal, preventing the prospective recourse from becoming an element that impairs the effectiveness of the arbitral award and the arbitration as a whole.