Reconnaissance en France d'une sentence arbitrale annulée dans son pays d'origine
Auteur | Legal News |
Par deux arrêts rendus le 29 juin 2007, la Cour de cassation a réaffirmé sa jurisprudence concernant la reconnaissance en France d'une sentence arbitrale annulée dans son pays d'origine. Si dans le premier arrêt (nº 05-18.053), elle a rappelé que la sentence internationale, qui n'est rattachée à aucun ordre juridique étatique, est une décision de justice internationale dont la régularité est examinée au regard des règles applicables dans le pays où sa reconnaissance et son exécution sont demandées, elle s'est prononcée sur la contestation du caractère inconciliable de deux ordonnances d'exequatur et de deux sentences dans le second arrêt. Pour la société requérante, puisque la première sentence avait été annulée, elle n'avait plus autorité de chose jugée. Dès lors, ne produisant plus d'effet juridique, cela excluait "toute inconciliabilité avec la seconde". La Cour de cassation a...
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