THE IMPACT OF THE FRENCH CONCEPTION OF INTERNATIONAL ARBITRATION ORDER ON RECOGNITION AND ENFORCEMENT OF THE ANNULLED YUKOS ARBITRATION AWARD

Abstract

The purpose of this article is to analyze how French law in the field of international arbitration addresses the issue of the enforcement in France of an international arbitration award set aside by a state court at the seat of arbitration. Methodology and Approach. The main content of the study is the analysis of national and international legislation. Results. According to the French conception of international arbitration, the international award which is not attached to any state legal order is a decision of international justice. As a result of the study, the author draws attention to the fact that setting aside the arbitral award by a state court at the seat of arbitration is not an obstacle to its recognition and enforcement in France. This approach could have unexpected consequences for the Yukos case. Theoretical and Practical implications. The presented concept defines the recognition and enforcement in France of international arbitral awards.