Recognition and exequatur

The application is brought before the judge of the State where enforcement of the award is sought, that is, where the assets or the seat of the losing party are located. It is generally filed as an ex parte application, sometimes without an adversarial hearing at first (procedure on application).

The applicant produces the certified award, the arbitration agreement, the translations and proof of notification. A local lawyer is strongly advised.

The losing party may contest exequatur by invoking the grounds provided by the convention. It may also bring an action for annulment before the judge of the seat of the arbitration, generally Paris, within one month of notification of the award.

An action for annulment does not suspend enforcement unless the judge decides otherwise. The grounds for annulment are limited: lack of jurisdiction, irregular composition, breach of the rights of the defence, public policy.

Once exequatur is obtained, the winning party may use the measures provided by local law: bank attachment, attachment of receivables, attachment of works, judicial mortgage. Protective measures may be requested before or during the procedure to prevent assets from being dissipated.

For works, attachment and forced sale raise specific difficulties: appraisal, conservation, publicity. The Registry can advise specialised professionals.

Against a State, compulsory enforcement runs up against immunities from enforcement. Assets used for commercial purposes can be attached; those used for diplomatic or cultural missions cannot. The tribunal takes these rules into account and favours negotiated solutions.

States that take part in a TAO arbitration generally undertake to comply with the award. Cooperation agreements sometimes provide for enforcement in stages.