La cour d'appel de Paris facilite l'exécution provisoire de l'exequatur d'une sentence arbitrale - RDE nº 07296
| Auteur | Legal News |
Pour la première fois semble-t-il, une juridiction française a reconnu l'exécution provisoire de l'exequatur d'une sentence arbitrale. En l'espèce, une sentence arbitrale a été rendue le 31 mars 2004 à Londres ; la procédure suivie est celle dont avaient convenu les cocontractants dans la clause compromissoire du contrat de prêt conclu. En présence d'un arbitrage ad hoc (le tribunal arbitral est situé à Londres et le droit applicable au litige est le droit luxembourgeois), il revenait à chaque juridiction nationale de se prononcer, au regard de son droit processuel, sur l'exécution provisoire de l'exequatur de la sentence sur son territoire. Dans un arrêt rendu le 22 février 2007, la cour d'appel...
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