Enforcement of Emergency Arbitrator Decisions: Dream or Reality? The French Perspective

IF 0.4 Q3 LAW

Journal of International Arbitration Pub Date : 2021-11-01 DOI:10.54648/joia2021038

Maxime Chevalier

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Abstract

Emergency arbitration is a recent and significant development in the field of international arbitration. The enforcement of emergency arbitrator decisions is necessary to ensure the full efficiency of the mechanism. This subject is of great interest because the recourse by arbitration users to emergency arbitration for the issuance of interim measures is usually impacted by enforcement concerns. Thus, it is necessary to provide potential emergency arbitration users with an answer with regard to the possible enforcement of emergency arbitration awarded interim measures. This article aims to show that, contrary to popular belief, the enforcement of emergency arbitrator interim measures would be feasible in France. We will demonstrate that the emergency arbitrator should enjoy a similar status as an arbitral tribunal. Even if there exist no mechanisms for the enforcement of arbitral orders in France, interim measures could be enforced as arbitral awards. Indeed, emergency arbitrator decisions might be considered as being final and, thus, qualify as an award subject to exequatur procedure. Moreover, we will suggest providing emergency arbitration users with an alternative enforcement mechanism which consists of indirectly enforcing the emergency arbitrator decision on the grounds of breach of contract through référé emergency proceedings. Emergency arbitration, Emergency arbitrator, France, Interim measures, Order, Enforcement, Emergency award, SNPC v. Total Fina, Otor v. Carlyl, Référé

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紧急仲裁裁决的执行：梦想还是现实？法国人的观点

紧急仲裁是近年来国际仲裁领域的一个重要发展。必须执行紧急仲裁员的决定，以确保该机制的充分效率。这一主题引起了极大的兴趣，因为仲裁用户为发布临时措施而诉诸紧急仲裁通常会受到执行问题的影响。因此，有必要向潜在的紧急仲裁用户提供一个关于可能执行紧急仲裁裁决的临时措施的答案。本文旨在表明，与普遍认为的相反，在法国实施紧急仲裁员临时措施是可行的。我们将证明紧急仲裁员应享有与仲裁庭类似的地位。即使法国没有执行仲裁令的机制，临时措施也可以作为仲裁裁决执行。事实上，紧急仲裁员的裁决可能被视为最终裁决，因此有资格作为一项符合充分程序的裁决。此外，我们将建议为紧急仲裁用户提供一种替代执行机制，包括通过紧急程序以违约为由间接执行紧急仲裁员的决定。紧急仲裁，紧急仲裁员，法国，临时措施，命令，强制执行，紧急裁决，苏格兰民族党诉Total Fina，Otor诉Carlyl，RéféRé

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Journal of International Arbitration LAW-

CiteScore

0.60

自引率

50.00%

发文量

期刊介绍： Since its 1984 launch, the Journal of International Arbitration has established itself as a thought provoking, ground breaking journal aimed at the specific requirements of those involved in international arbitration. Each issue contains in depth investigations of the most important current issues in international arbitration, focusing on business, investment, and economic disputes between private corporations, State controlled entities, and States. The new Notes and Current Developments sections contain concise and critical commentary on new developments. The journal’s worldwide coverage and bimonthly circulation give it even more immediacy as a forum for original thinking, penetrating analysis and lively discussion of international arbitration issues from around the globe.