Legal News

French Court of Cassation overturns Paris Court of Appeal denial of enforcement of Swiss arbitral award on grounds of corruption (Alexander Brothers v Alstom Transport)

Published on: 08 November 2021
Published by: LexisPSL
  • French Court of Cassation overturns Paris Court of Appeal denial of enforcement of Swiss arbitral award on grounds of corruption (Alexander Brothers v Alstom Transport)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Arbitration analysis: The French Cour de cassation (Court of Cassation) recently overturned a 2019 decision of the Paris Court of Appeal that refused enforcement of a Swiss arbitral award said to offend public policy, due to strong circumstantial evidence that the award gave effect to the funding of corrupt activities. Applying the principle that a judge may not misrepresent written documents, the Court of Cassation ruled that the Court of Appeal had mischaracterised the terms of some of the evidence from which it had inferred the existence of corruption. The Court of Cassation did not challenge the Court of Appeal’s power, in enforcement or annulment proceedings, to review evidence of corruption, but made it clear that such review must always be rigorous. Written by Gisèle Stephens-Chu, avocate à la Cour and solicitor-advocate, Stephens Chu Dispute Resolution. or take a trial to read the full analysis.

Popular documents