Since February 2017, the Paris Court of Appeal has changed its approach to assessing whether the recognition or enforcement of an international arbitral award conforms to international public policy as it is defined by French courts. The Court has moved away from its previous approach that consisted in a summary review of the award’s conformity with public policy, to a full assessment in fact and law, unbound by the evidence presented to the arbitrators or by the findings in their award. This article recalls the Court’s prior minimalist approach, before describing the three main recent cases from the Paris Court of Appeal and analyzing the Court’s new approach.
Revista Brasileira de Arbitragem