Counsel, Quinz
On the afternoon of February 21, 2025, CEPANI hosted the final session of its Arbitration Academy Advanced Level, focusing on the critical topic of enforcement and setting aside of arbitral awards. This session provided both theoretical insights and practical perspectives on these pivotal post-award procedures. It was led by two distinguished experts, Mr. Jean-François Tossens (Tossens Goldman Gonne) and Ms. Coralie Darrigade (Gaillard Banifatemi Shelbaya Disputes).
Navigating the Procedural Complexities related to Enforcement of Arbitral Awards
The session began with an in-depth discussion enforcement of arbitral awards. Particular attention was paid to:
· Comparative Perspective: While Mr. Tossens provided an overview of the enforcement procedure in Belgium, detailing the grounds for refusal of enforcement and key procedural considerations, Ms. Darrigade expanded the discussion to include comparative insights from France and other jurisdictions, highlighting differences in enforcement approaches.
· Enforcement Against States: The speakers examined the complexities of enforcing awards against sovereign entities, addressing issues such as state immunity.
· Special Cases: The session included a practical discussion of challenging enforcement scenarios, referencing notable cases. A particular focus was placed on the interplay between enforcement, attachment proceedings, and setting aside actions, with reference to the Yukos case and other relevant jurisprudence, including landmark cases by the European Court of Human Rights and the European Court of Justice.
The interactive discussion allowed participants to grasp the evolving jurisprudence on these issues.
Practical Insights on Setting Aside Proceedings
The second part of the session addressed the procedural intricacies associated with annulment actions, including their potential interplay with attachment proceedings. Mr. Tossens outlined the grounds and procedure for setting aside an arbitral award in Belgium. Ms. Darrigade offered a comparative view, explaining how annulment is approached in France and other jurisdictions. The speakers provided further practical guidance on:
· Special Regimes: The discussion covered particular regimes such as ICSID and OHADA arbitration, addressing their unique annulment mechanisms.
· Challenges by Third Parties: The speakers explored instances where third parties may seek to challenge an award, considering case law and procedural hurdles.
· Key Grounds for Annulment: The session highlighted commonly invoked annulment grounds, including:
o Lack of reasoning in the award
o Violation of public policy or fraud
o Arbitrator independence, impartiality, and lack of disclosure
o Due process
This segment of the session concluded with an interactive exchange with participants, who were asked to advise on real-life cases with particular intricacies regarding enforcement and setting aside of arbitral awards. The session allowed participants to share their experiences and pose questions about practical hurdles encountered in practice.
Conclusion – A Fitting End to the Arbitration Academy
This final session of the CEPANI Arbitration Academy Advanced Level underscored the importance of mastering the enforcement and annulment phases of arbitration, equipping attendees with critical knowledge to navigate these post-award challenges effectively. The engaging discussions and expert insights provided by Mr. Tossens and Ms. Darrigade demonstrated the depth and complexity of these issues, making for a highly instructive conclusion to the Academy’s advanced-level program.
