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Paris Court of Appeal upholds ICC award: strict French international public policy review; no due process, remit or impartiality breach; Article 1466 waiver for non-participation (CBI v Cardno)

Published on: 14 May 2025

Published by a LexisNexis Arbitration expert
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Article summary

Central Bank of Iraq v Cardno Middle East Ltd, Paris Court of Appeal, 21 January 2025, No 23/05511

What are the practical implications of this case?

The principal practical lessons from this judgment are:

  • To begin with, the ruling underscores how limited international public policy objections truly are. The bar for setting aside an award on that basis remains extraordinarily high. Claims of fraud or misrepresentation between private parties are approached as matters of contract, not breaches of international public policy. Only behaviour offending core norms—such as corruption or money laundering—can ground annulment under Article 1520, 5 of the French Code of Civil Procedure (FCCP). Where such points were not duly advanced during the arbitration, Article 1466 FCCP applies, treating as waived any irregularity not raised promptly. The message is unmistakable: parties cannot turn international public policy into a tool to overturn an unfavourable award, enhancing predictability and the enforceability of international arbitral awards in France
  • In addition, the court makes plain that due process does not amount to boundless procedural latitude...

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