Trecho do comentário: "Two recent decisions rendered by the Paris Court of appeal and the French Court of cassation in the famous 'Antrix' saga have cast the spotlight on Article 1466 of the French Civil Code of Procedure pursuant to which 'the party that knowingly and for no legitimate ground, refrains from invoking in due time an irregularity before the arbitral tribunal is deemed to have waived its right to do so'. Accordingly, French courts will not allow parties to raise arguments concerning alleged procedural irregularities affecting the award before them, which could have been raised before the arbitral tribunal and were (deliberately) not."

I DECISION -- FAITS ET PROCEDURE -- EXAMEN DU MOYEN -- ENONCE DU MOYEN -- REPONSE DE LA COUR -- II COMMENTARY -- INTRODUCTION -- A) SUMMARY OF THE FACTS, THE PROCEDURE AND THE ANTRIX DECISIONS -- 1 The Paris Court of appeal’s decision -- 2 Antrix’s argument before the Court of cassation -- 3 The Court of cassation’s decision -- B) THE PRINCIPLE SET OUT IN ARTICLE 1466 CPC -- C) RAISING A PROCEDURAL IRREGULARITY IN DUE TIME BEFORE THE ARBITRAL TRIBUNAL -- D) THE SCOPE OF A WAIVER OF THE RIGHT TO RELY ON A PROCEDURAL IRREGULARITY -- E) THE COURT OF APPEAL’S POSSIBLE REFERENCE TO THE NOTION OF ESTOPPEL? -- CONCLUSION