Two companies concluded a contract for the supply of goods in 2009, including an arbitration clause. Considering that the goods were non-conforming, one of the parties commenced an arbitration proceeding. The award and its exequatur were rendered against the supplier, RPS, that brought an action for annulment of the award and the reversal of the exequatur, on the basis of the violation of international public policy and the arbitrators’ disrespect of their duties.
RPS criticized the arbitral tribunal (i) for not having taken into account an expert report and (ii) for refraining to determine Scamark’s debt. The Court of Appeal stated that (i) this invitation to review the award was not one of the Court’s prerogatives and that (ii) this omission to rule is not one of the legal grounds to request the annulment of the award. Finally, regarding the violation of international public policy issue (suspension of individual actions and equality between the creditors in insolvency proceedings), the Court stated that it fell under public policy and that the arbitration had commenced before the request for the opening of the arrangement proceeding.