Enforcing an LCIA Award (London) in France

Enforcing an LCIA award rendered in London in France is a well-established process governed primarily by the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, to which France is a founding signatory. France is widely regarded as one of the most arbitration-friendly jurisdictions in the world, and its courts have a strong track record of granting recognition to foreign awards with minimal interference. This guide explains the legal framework, the step-by-step procedure before French courts, the defences available to the award debtor, realistic timelines and costs, and the practical pitfalls that foreign creditors most commonly encounter.

France's approach to foreign arbitral awards rests on two overlapping legal pillars. The first is the New York Convention, which France ratified without significant reservations and which obliges French courts to recognise and enforce awards made in other contracting states - including the United Kingdom - subject only to the narrow grounds for refusal set out in Article V of the Convention. The second pillar is the French Code of Civil Procedure, specifically Articles 1514 to 1527, which were substantially modernised by Decree No. 2011-48 and which govern the domestic procedure for obtaining an exequatur (a court order granting enforcement).

Under this framework, an LCIA award rendered in London qualifies as a "foreign arbitral award" for French purposes. The seat of arbitration - London - determines the award's nationality. French courts do not re-examine the merits of the dispute. Their review is limited to a public policy check and the procedural grounds listed in the New York Convention. This pro-enforcement stance is reinforced by a consistent line of decisions from the Paris Court of Appeal and the French Court of Cassation, which have repeatedly narrowed the scope of the public policy defence.

A non-obvious requirement that catches many foreign creditors off guard is the need to produce a certified translation of the award into French. Even where the LCIA proceedings were conducted entirely in English, the French court requires a French-language version prepared by a sworn translator (traducteur assermenté) accredited by a French court of appeal. Failing to arrange this before filing causes delay and additional cost.

The recognition and enforcement process in France follows a specific procedural path. Understanding each stage prevents avoidable delays.

Filing the application. The creditor files an ex parte application (requête) with the President of the Tribunal judiciaire in the district where enforcement is sought, or, if the debtor has no known assets in a specific district, with the Tribunal judiciaire de Paris. The application is submitted without notice to the debtor, which is a significant procedural advantage: the debtor has no opportunity to pre-empt the order.

Documents required. The applicant must produce the original arbitral award or a certified copy, the original arbitration agreement or a certified copy, and certified French translations of both documents. Where the award has been corrected or supplemented by the tribunal, those additional documents must also be included. The LCIA Rules and any procedural orders are not strictly required but can be useful if the judge raises questions about the validity of the proceedings.

The judge's review. The President of the Tribunal judiciaire reviews the file on the papers, without a hearing. The review is limited to verifying that the award exists, that it is not manifestly contrary to international public policy (ordre public international), and that the basic formal requirements are met. This stage typically takes between two and eight weeks, depending on the court's workload.

Service of the exequatur order. Once the order granting exequatur is issued, it must be served on the debtor by a French bailiff (huissier de justice). Service triggers the debtor's right to appeal. The creditor cannot proceed with enforcement measures - such as freezing bank accounts or seizing assets - until service has been effected.

Enforcement measures. After service, the creditor may instruct a huissier to execute enforcement measures under French civil enforcement law (Loi du 9 juillet 1991 and the Code des procédures civiles d'exécution). Available measures include seizure of bank accounts (saisie-attribution), seizure of movable assets, and registration of a judicial mortgage over French real property.

In practice, founders and creditors should consider instructing French counsel before the award is even finalised, so that asset-tracing work can begin in parallel with the drafting of the exequatur application.

French courts apply the New York Convention's Article V grounds strictly and narrowly. Refusal is the exception, not the rule. The available defences fall into two categories: those that the debtor must raise, and those the court may raise of its own motion.

Defences available to the debtor. The debtor may argue that the arbitration agreement was invalid under the law applicable to it, that the debtor was not given proper notice of the proceedings or was otherwise unable to present its case, that the award deals with matters beyond the scope of the submission to arbitration, that the composition of the tribunal or the arbitral procedure was not in accordance with the parties' agreement, or that the award has not yet become binding or has been set aside by a court at the seat.

Defences the court may raise. The court may refuse enforcement on its own initiative if the subject matter of the dispute is not capable of settlement by arbitration under French law, or if enforcement would be contrary to international public policy.

The public policy ground is the most frequently invoked defence in French proceedings, but it is also the most difficult to sustain. French courts apply the concept of ordre public international, which is narrower than domestic public policy. Violations must be flagrant, effective and concrete. Mere procedural irregularities, disagreements with the tribunal's legal reasoning, or the fact that the award is large do not meet this threshold.

A common mistake made by debtors - and occasionally by creditors who underestimate the debtor's strategy - is conflating the exequatur stage with an appeal on the merits. French courts will not re-examine whether the tribunal correctly applied the contract or the applicable law. A debtor who lost on the merits in London cannot relitigate those issues in Paris.

The overall timeline from filing the exequatur application to having enforceable measures in place typically ranges from three to nine months in straightforward cases, and can extend to two or more years if the debtor mounts a full appeal.

First-instance exequatur. As noted above, the judge's decision on the papers takes two to eight weeks. This is the fastest stage of the process.

Appeal by the debtor. If the exequatur is granted and the debtor appeals to the Paris Court of Appeal (or the relevant regional court of appeal), the appeal proceedings typically take twelve to twenty-four months. The debtor must file the appeal within one month of service of the exequatur order. During the appeal, enforcement is not automatically suspended, but the debtor may apply for a stay.

Further appeal to the Court of Cassation. If either party is dissatisfied with the court of appeal's decision, a further appeal on points of law to the Cour de cassation is possible. This adds another twelve to twenty-four months to the process and is relatively rare in straightforward enforcement cases.

On costs, the professional fees for French enforcement counsel typically start from the low thousands of EUR for an uncontested exequatur and rise significantly if the debtor appeals. Translation costs depend on the length of the award but are generally a few hundred to a few thousand EUR. Huissier fees for service and enforcement measures are regulated and modest. Court filing fees in France are low by international standards.

Many creditors underestimate the cost of asset-tracing. If the debtor's French assets are not already known, the creditor may need to instruct investigators or use court-assisted disclosure mechanisms, which add both time and cost.

If you are preparing an enforcement application and need guidance on structuring the filing correctly, contact info@vlolawfirm.com. We can help structure the setup correctly the first time.

Scenario one: the cooperative debtor with French real estate. A UK-based technology company obtains an LCIA award against a French distributor that has not paid licence fees. The distributor does not contest the award but is slow to pay voluntarily. The creditor files an exequatur application in Paris, obtains the order within four weeks, serves it on the debtor, and registers a judicial mortgage over the debtor's commercial premises in Lyon. The debtor, facing the prospect of a forced sale, settles within six weeks of service. Total elapsed time from filing to settlement: approximately three months.

Scenario two: the contested enforcement with a public policy argument. A private equity fund obtains an LCIA award against a French company in a shareholder dispute. The French company argues before the Paris Court of Appeal that the award violates international public policy because the tribunal allegedly failed to apply mandatory French corporate law provisions. The court of appeal dismisses the argument, finding that the alleged violation does not meet the flagrant, effective and concrete threshold required under French case law. The fund proceeds to enforcement of bank accounts. Total elapsed time from filing to completed enforcement: approximately twenty-two months.

These scenarios illustrate that the outcome and timeline depend heavily on whether the debtor contests enforcement and the strength of any defences raised.

A question that arises frequently is whether the United Kingdom's departure from the European Union affects the enforceability of LCIA awards in France. The answer is that it does not, in any material way. The enforceability of arbitral awards between the UK and EU member states has always rested on the New York Convention, not on EU instruments such as the Brussels I Recast Regulation (which explicitly excludes arbitration from its scope). Brexit therefore has no practical impact on the enforcement of LCIA awards in France.

The LCIA itself continues to administer arbitrations with a London seat under English arbitration law, principally the Arbitration Act 1996. Awards rendered under these rules carry the same international standing they always have. French courts treat them as foreign awards from a New York Convention contracting state and apply the same pro-enforcement approach they would apply to any other qualifying award.

A non-obvious point is that the choice of English law as the governing law of the underlying contract, or the choice of LCIA rules, does not affect the French enforcement procedure. French courts do not scrutinise the substantive law applied by the tribunal. What matters is the formal validity of the award and the absence of a public policy violation.

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What happens if the debtor has already applied to set aside the award in England?

A pending set-aside application in the English courts does not automatically prevent a French court from granting exequatur. Under Article VI of the New York Convention, the French court has discretion to adjourn the enforcement proceedings or require the debtor to provide security. In practice, French courts are reluctant to adjourn unless the set-aside application appears to have genuine merit and is being pursued diligently. A debtor who files a set-aside application purely as a delaying tactic is unlikely to obtain a stay in France. If the English court ultimately sets aside the award, the French exequatur order can be challenged on that basis.

How long does the entire enforcement process take if the debtor contests the exequatur?

If the debtor appeals the exequatur order to the Paris Court of Appeal, the process typically takes between eighteen and thirty months from the date of filing the original application. A further appeal to the Cour de cassation can add another one to two years. However, enforcement measures are not automatically suspended during an appeal, so the creditor may be able to freeze assets or seize bank accounts while the appeal is pending, provided the court does not grant a stay. Creditors should factor contested timelines into their recovery strategy from the outset.

Is it necessary to have French legal counsel, or can foreign lawyers handle the filing?

French procedural rules require that the exequatur application be filed by a French avocat admitted to the relevant bar. Foreign lawyers cannot appear before French courts or sign court documents on behalf of a party. In practice, the most efficient approach is for the creditor's home-country counsel to work alongside a French avocat, with the French lawyer handling all court filings and procedural steps. The French lawyer will also advise on the specific requirements of the local court, which can vary slightly between Paris and regional courts.

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Enforcing an LCIA award in France is a structured and generally reliable process for creditors who prepare their filings carefully. France's pro-enforcement stance, grounded in the New York Convention and reinforced by decades of consistent case law, means that a well-documented application has a strong prospect of success at first instance. The main risks are procedural - missing the translation requirement, serving documents incorrectly, or underestimating the debtor's capacity to mount an appeal. Early preparation, parallel asset-tracing, and experienced French counsel are the most effective tools for managing those risks.

VLO Law Firm advises international clients on award enforcement matters involving LCIA and other international arbitral awards in France. We can assist with exequatur applications, coordination with French avocats, document preparation, translation management and enforcement strategy. To request a consultation, contact: info@vlolawfirm.com