order of the pre-trial judge - partial exequatur dismissal -referral article 916 - nullity - inadmissible
In this case, the ICCP-CA was seized of an action against an order of the pre-trial judge which had rejected the request for partial exequatur of an arbitral award, against which a proceeding seeking annulment is pending. Ruling on the admissibility of the action, the court declared it inadmissible, both on the basis of article 916 of the French code of civil procedure, and on the basis of the claim for nullity.
The court first recalled that pursuant to article 1527 of the French civil code of procedure, the dismissal of the proceedings seeking annulment of arbitral awards confers exequatur to the arbitral award or to the provisions not annulled by the court. The court then considered, in accordance with article 916 of the French civil code of procedure, that the decision of the pre-trial judge ruling on the exequatur made in application of article 1521 of the same code, didn't end the proceedings and, therefore, could not be referred to the court. Concerning the claim for nullity, it retained that there was a way of appeal against the decision of the pre-trial judge deciding on the exequatur application, because the annulment proceedings carry automatically a recourse against the exequatur, the nullity recourse is, therefore, inadmissible.