The French approach to enforcement of arbitral awards, international public policy and corruption

• 영문명: The French approach to enforcement of arbitral awards, international public policy and corruption
• 발행기관: 한국중재학회
• 저자명: Samantha Nataf
• 간행물 정보: 『중재연구』제33권 제3호, 31~68쪽, 전체 38쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2023.09.30

영문 초록

In recent years, French courts have decided to adopt an uncompromising stance in the fight against corruption in international arbitration. While French enforcement/annulment courts were originally conducting a limited review of arbitral awards dealing with corruption allegations on international public policy grounds, they now carry a full re-examination of such awards accepting that a corruption plea be raised for the first time before them and admitting new evidence. What is at stake, in terms of international public policy, is to define the happy medium between, on the one hand, the necessity to preserve the enforceability of international arbitral awards, and, the necessity to fight corruption. This paper presents the evolution of French case law in the past years and makes a critical assessment of the French approach by comparison with other jurisdictions.

목차

Ⅰ. Introduction

Ⅱ. Evolution of the control of the conformity of arbitral awards with international public policy when corruption is involved

Ⅲ. Prohibition of corruption vs. enforceability of arbitral awards: foreign perspective and critical assessment of the French approach

Ⅳ. Conclusion

References

키워드

Corruption Enforcement International Public Policy France Red Flags