By an arbitral award, Mr. and Mrs. A. and Icapital Llc were ordered to pay a certain sum to Cerner Middle East. Cerner Middle East obtained attachments on the basis of the award.
An annulment proceeding brought against that award is pending. The pre-trial counselor of the Paris Court of Appeal suspended the provisional execution of this arbitral award. Their claims having been dismissed by the enforcement judge, the claimants seek the release of the attached assets.
The Court of Appeal rules that an authorization of the enforcement judge to impose a provisional measure on the assets of his debtor is not necessary when the creditor has an enforceable arbitral award whose provisional execution has been suspended and constitutes a non-binding court order. Cerner Middle East was therefore entitled to apply a precautionary measure without the prior authorization of the enforcement judge.
As regards the lapse of time, the Court of Appeal considered that the provisional measures were correctly denounced and served, there is therefore no need to pronounce their lapse.