Oct 19, 2015 four topics will be discussed in this update on arbitration law in france arising from recent french court decisions on the application and interpretation of the new french law on international arbitration 2011 decree. International arbitration laws and regulations france gli. French law on arbitration, enshrined in book iv of the code of civil procedure ccp, has created a very favourable legal environment for. The contract also con tained a french governing law clause and an arbitration clause providing for. The law of treaties and the anglofrench continental shelf. Under french law, the arbitration agreement must be agreed to by the party against which it is invoked, unless that party was assigned or otherwise transferred the rights and obligations of the party who initially accepted the clause.
Article 1448 paragraphs 1 and 2 when a dispute subject to an arbitration agreement is brought before a court. Pdf this article examines the french approach to competencecompetence in light of french legislation, case law and practice. Kuckenberg adds that he thinks gaillards approach is the window to the future in ross, a. Report of the united nations commission on international. The decree implemented changes to the rules of civil procedure governing arbitration.
The decree also introduces a limited number of innovations in french arbitration law, some of which correspond to provisions in the arbitration laws of other countries. Law on arbitration arbitration act 4 7 the law applicable to the validity of an arbitration agreement ratione materiae is the law designated by the parties. Article 1448 paragraphs 1 and 2 when a dispute subject to an arbitration agreement. The law of treaties and the anglo french continental shelf arbitration volume 29 issue 23 a. On january, 2011, the french ministry of justice issued its decree no. An arbitration clause is an agreement by which the parties to one or more contracts undertake to submit to arbitration disputes which may arise in relation to such contracts. Arbitration center, moot alumni association, national law center for interamerican free trade, new york international arbitration center, russian arbitration association and vienna international arbitral centre viac. The arbitrator shall decide the dispute according to the rules of the law unless the parties had authorized him in the arbitration agreement. It is recommended that parties wishing to make reference to icc arbitration in their contracts use the standard clause below.
The french law of arbitration is a firstrate adaptation of jean roberts classic treatise on french arbitration law, first published in 1937, and now in its fifth edition. This article intends not only to show the divergent paths taken by french and u. If an arbitration clause is void, it shall be deemed not written. May 25, 2011 a new arbitration law was adopted in france by decree no 201148 of january 2011 the new law, replacing the 1980 and 1981 texts. Republic of france ministry of justice and civil liberties. Thirty years since the last reform of french arbitration law, new laws will apply to international arbitration agreements entered into after 1 may 2011 which.
Ccp, governs both domestic and international arbitration. When a dispute subject to an arbitration agreement is brought before a court, such court shall decline jurisdiction, except if an arbitral tribunal has not yet been. Pdf jurisdiction of arbitration tribunals in france. French arbitral tribunals appointed and arbitral awards rendered after this date will also be affected.
A few months ago a piece was published on the kluwer blog on s. With the goal of providing the best value for the highest quality international arbitration legal representation, globally, aceris law has an excellent track record in commercial, construction and investment arbitrations, under many laws and pursuant to many different rules of arbitration notably those of the icc. Carbonneau, the law and practice of arbitration, 5th ed. Pursuant to the french international private law tradition, issues not specifically addressed in the cpc provisions are often addressed in french court decisions most commonly rendered by the court of appeal of paris or by the french. International arbitration country comparative guides. This law also slightly amended article 2061 of the french civil code with regard to arbitration clauses. A dynamic civil law approach to international arbitration. An arbitration agreement is independent of the contract to which it relates. The international character of arbitration article 3 an arbitration is international, even if conducted in the state, if. With the goal of providing the best value for the highest quality international arbitration legal representation, globally, aceris law has an excellent track record in commercial, construction and investment arbitrations, under many laws and pursuant to many different rules of arbitration notably. The most significant of the 2017 amendments is the introduction of an expedited procedure providing for a streamlined arbitration with a reduced scale of fees. French treasury for company ys investment in the holding company. On the one hand, this principle empowers the tribunal to rule on its own jurisdiction.
This text is codified in the french code of civil procedure. French arbitration law recognizes that parties must have a safety net in case there is an unfair arbitral hearing or a miscarriage of justice. French law and arbitration clauses distinguishing scope from. Parties typically agree to arbitrate in order to avoid the time, expense, and complexity of litigation. New code of civil procedure france 1 book four arbitration title i arbitration agreements chapter i arbitration clause article 1442 inserted by decree no. Cameroons arbitration law is contained in its code of civil and commercial procedure in the third book from articles 576 1 cameroonto 601. Decree a model for the laws of other jurisdictions. In this new edition of the standard englishlanguage work on french arbitration law and practice, the authors examine this trend as rules and practices developed in international arbitration have taken hold in french domestic arbitration and vice versa. The new french arbitration law therefore achieved its main objective, partly thanks to the separation between domestic arbitration and international arbitration provisions, which allowed a much more liberal and progressive approach for the latter. After that, the principle of equality was reflected in the french revolution of 1789 as a basis for human. The new french arbitration law thirty years since the last reform of french arbitration law, new laws will apply to international arbitration agreements entered into after 1 may 2011 which provide for proceedings to be seated in france. Under french law on international arbitration, parties may not decide whether the arbitration proceedings and the final award should be treated as domestic or international. The commission welcomed the participation of international nongovernmental.
Journal of international arbitration attorneys at law. While arbitration clauses were only valid in contracts concluded in the context of the parties professional activity, the new text now allows for the use of arbitration clauses irrespective of the parties capacity. The 2011 reform of french arbitration law and the 2012 icc rules on arbitration. French arbitration law adopts an expansive version of the principle of competencecompetence. In islamic law, the judge of arbitration that is the elected arbitrator of the parties of litigation plays the role of the appointed judge. English arbitration act archives kluwer arbitration blog. Most modern laws, including french law prior to the reform, provide some form of court assistance for the purposes of the constitution of the arbitral tribunal. The announced reforms will be codified in the french code of civil. Model law on international commercial arbitration of the united nations commission on international trade law the general assembly, recognizing the value of arbitration as a method of settling disputes arising in international commercial relations, convinced that the establishment of a model law on arbitration that is accept. Any arbitration arising from a dispute in respect of a legal relationship, whether contractual or not, governed by state law, save as excepted by special provision. French case law has decided that this general duty applies to arbitrators serving in domestic and international arbitration proceedings paris, 28 june 1991, rev. France aceris law llc france international arbitration attorney. A submission agreement is an agreement by which the parties to a dispute.
On 21 february 2017, the paris bar council adopted a resolution on the practice of thirdparty funding in international arbitration, which was presented for the first time to the public in april, during paris arbitration week. Aceris law llc is a boutique law firm specialising in international arbitration. The purpose of this paper is to briefly set forth the main features of french arbitration law, a modern legislation which, together with a pro arbitration case law and the presence of the international chamber of commerce, explains why paris remains at the forefront of international arbitration places. The case law is comprehensive and each case is published in the original french along with expert translation into english provided by the editors. Over the years, the attractiveness and friendliness of french arbitration law have become explicit objectives of the lawmaking process in france and the idea of. An arbitration agreement may be in the form of an arbitration clause or a submission agreement. In this respect, four features of the new legislative regime are worthy of note. These changes arguably represent the most important reform of french arbitration law since the early 1980s.
The new law, which came into force 1 may 2011, aims to enhance efficiency in the arbitral process and enforcement of arbitral awards, to clarify french arbitration law and make it more accessible to practitioners worldwide. Arbitration is a disputeresolution process in which the parties select a neutral third party to resolve their claims. French courts have also played an important role in promoting commercial arbitration by adopting a solid tradition of judicial noninterference in the arbitral. Block defines inadmissibility as a defence which prevents a judge who has jurisdiction from deciding the merits.
A dynamic civil law approach to international arbitration delvolve, jeanlouis, rouche, jean, pointon, gerald on. France revises arbitration law perspectives reed smith llp. French law on arbitration, enshrined in book iv of the code of civil procedure ccp, has created a very favourable legal environment for arbitrating disputes in france. Second, the new french arbitration law redefines the role of the french courts in arbitration in particular by granting a juge dappui the power to issue orders, on behalf of the state, to support a particular arbitration and ensure that it occurs in accordance with the law to avoid a denial of justice. French law and arbitration clauses distinguishing scope. Arbitrations in france are governed by a decree issued on january 2011, modifying the legal text in effect since 1981 and updating french arbitration law to take into account developments in case law and practice over the past 30 years. French arbitration law and practice 2nd revised edition. A guide provides a structured overview of the key practical issues concerning arbitration in this jurisdiction, including any mandatory provisions and default rules applicable under local law. France has always been at the forefront of commercial arbitration on both the domestic and international level. Translations in all six united nations languages now exist. The authors guide to the interaction of judge and arbitrator in france provides an interpretation of civil law concepts for the common law mind that. Choosing paris as the seat for your arbitration will help ensure the success of your proceedings. Standard icc arbitration clauses english version icc. Arbitration the arbitration rules are those of 2012, as amended in 2017.
If the parties failed to designate such applicable law, the applicable law will be the law applicable to the substance of the dispute or the law of the republic of croatia. French law of arbitration by jean robert and thomas e. France code of civil procedure book iv arbitration in force 14. The reform of the french procedural law on arbitration. The goal is that this added clarity in arbitration law will make france an even more attractive forum for international arbitrations. Under french law, such measures are generally not enforceable see question 7. Frances arbitration law is not based on the uncitral model law. It addresses arbitration of domestic as well as international claims. The new law also, among other things, reorganizes the legal definition of an arbitration agreement, clarifies the role and powers of the local french court in support for arbitration the socalled juge dappui, strengthens the rules on arbitrators impartiality and possible challenges, and simplifies remedies available against arbitral. Thus, these new provisions attest to the advance character of french arbitration law and could make the. Standard icc arbitration clauses english version get the document. The courts in paris are well versed in arbitration related matters, and french laws relating to arbitration encourage minimal court interference in.
There was a clause relating to the conditions precedent which required the parties to use their best efforts to ensure that they were fulfilled. However, french law requires evidence of the arbitration agreement for the recognition and enforcement of awards articles 1515 and 1516 ccp. Arbitration agreements providing for arbitration over a nonarbitrable. International arbitration laws and regulations covering issues in france of arbitration agreements, governing legislation, jurisdiction, choice. The model law was published in english and in french. For a study of the difference between inadmissibility and lack of jurisdiction, see g. The new french arbitration law itself is found below.
Under french law, the arbitration agreement must be agreed to by the party against which it is invoked, unless that party was assigned or. Oct 25, 2017 thirdparty funding the french perspective. This is a comprehensive treatise on the origin and practice of arbitration law in the united states. Note that there is a difference between the uncitral model law on international commercial arbitration 1985 and the uncitral arbitration rules. Paris arbitration the home of international arbitration. Article 1454 any other dispute relating to the constitution of an arbitral tribunal shall be resolved, if the parties cannot agree, by the person responsible for administering the arbitration or, where there is no such person, by the judge acting in support of the arbitration. Uncitral model law on international commercial arbitration. Materials paris, the home of international arbitration. One significant difference between french law and the uncitral model law concerns the enforcement of interim measures issued by an arbitral tribunal.
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