Paris Court of Appeal Exerts Power to Review Allegations of Corruption During Enforcement Proceedings

Abstract

Consistent with France's reputation as a pro-arbitration jurisdiction, the French civil courts' review of arbitral awards on grounds of public policy is traditionally limited in terms of both standard and content. The provisions of the Code of Civil Procedure on the annulment and enforcement of awards refer to 'international public policy' – a narrow concept that encompasses the values and principles that France cannot ignore in an international context, rather than every domestic public policy rule. Moreover, according to the Court of Cassation, a violation of international public policy must be flagrant, actual and concrete. However, in recent years, the scope of the courts' review of arbitral awards on public policy grounds has been tested in certain Paris Court of Appeal decisions which reviewed the underlying evidence rather than the arbitral tribunal's own determinations in the relevant award. One example is the 10 April 2018 decision in Alstom Transport SA v Alexander Brothers Ltd, which is discussed in this article.