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FIND OUT MOREThere is now confirmation of the “maximalist review” to prevent recognition and enforcement of awards that contravene international public policy.
The much-awaited French Cour de cassation decision in the Belokon case was finally rendered on Wednesday 23 March 2022.It provides confirmation that allegations of an award’s breach of international public policy can give rise to a so-called “maximalist review” by the annulment judge in order to prevent the recognition and enforcement of an award which would allow a party to profit from internationally recognised criminal offenses.
The Cour de cassation noted that the Paris Court of Appeals had recalled that its role was not to check conformity to Kyrgyz law or to fair and equitable treatment under the applicable BIT, but to verify if the recognition and enforcement of the award would hinder the fight against money laundering as imposed by international standards by allowing a party to profit from activities of such nature.
It therefore found that the Court of Appeals “had rightfully found that such a review, conducted for the safeguard of international public policy, was neither limited to the evidence submitted before the arbitral tribunal, nor by its findings, appreciations and qualifications, its only duty in that respect being to ensure the submission of evidence before the Court respects the adversarial principle and equality of arms”.
The ruling may be accessed (in French) here.
In May 2022, the Paris arbitration team was invited by Global Arbitration Review to publish an article examining the Belokon decision. A link to the article can be found here.
