32. Excerpt from a decision of the 1st Civil Court dated 14 March 1984 in the case of Denysiana S.A. versus Jassica S.A. (pubic law appeal)

Summary

Request for enforcement in Switzerland of an arbitral award rendered in France (Art. 16 of the Franco-Swiss Convention of 15 June 1869; Art. V and VII of the New York Convention of 10 June 1958).

In the event of competing provisions in the bilateral Franco-Swiss Convention and the multilateral New York Convention, the party seeking enforcement of an arbitral award may rely on the most favourable provision (Art. VII ch. 1 of the New York Convention; recital 2a-b).

Art. V para. 1 letter (e) of the New York Convention: it is on the party opposing the request for enforcement to prove that the award has not yet become binding or been set aside or suspended (recital 2c).