Abstract

THE INTERNATIONAL effectiveness of arbitral awards – that is, the conditions under which an award may be relied upon and enforced in various countries – ought to be a subject dominated by practical considerations. Yet, judging from the metaphoric language frequently used, reflections on this subject, rather than being down to earth, move between two subde (too subtle?) elements: air and water. Twenty years ago, Professor Sanders would conclude his course at the Academy with a metaphor: > International commercial arbitration is like a young bird trying to fly; it rises in the air but from time to time falls back upon its home nest. The young bird is however growing up quickly. In many cases international arbitration can spread its wings freely in the international air … The award is then liberated from national borders and tends to be denationalized.1 If any system of law has encouraged the bird to fly by itself, it has to be French law. The judiciary and the legislature, each building upon the other, have produced the following result prevailing in France today: As regards the effectiveness of international or foreign awards, such awards, wherever rendered, will be recognized in France subject only to the five grounds for refusal set forth in Article 1502 of the New Code of Civil Procedure (NCCP). These grounds apply uniformly for the annulment of international …

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