Arbitration—France—Q&A guide

The following Arbitration practice note provides comprehensive and up to date legal information covering:

  • Arbitration—France—Q&A guide
  • 1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?
  • 2. Do bilateral investment treaties exist with other countries?
  • 3. What are the primary domestic sources of law relating to domestic and foreign arbitral proceedings, and recognition and enforcement of awards?
  • 4. Is your domestic arbitration law based on the UNCITRAL Model Law? What are the major differences between your domestic arbitration law and the UNCITRAL Model Law?
  • 5. What are the mandatory domestic arbitration law provisions on procedure from which parties may not deviate?
  • 6. Is there any rule in your domestic arbitration law that provides the arbitral tribunal with guidance as to which substantive law to apply to the merits of the dispute?
  • 7. What are the most prominent arbitral institutions situated in your jurisdiction?
  • 8. Are there any types of disputes that are not arbitrable?
  • 9. What formal and other requirements exist for an arbitration agreement?
  • More...

Arbitration—France—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to arbitration in France published as part of the Lexology Getting the Deal Through series by Law Business Research (published: December 2020).

Authors: Aramis Law Firm—Cédric de Pouzilhac; Marion Carrega

1. Is your jurisdiction a contracting state to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards? Since when has the Convention been in force? Were any declarations or notifications made under articles I, X and XI of the Convention? What other multilateral conventions relating to international commercial and investment arbitration is your country a party to?

France has been a signatory to the New York Convention since 20 November 1958. This Convention has been in force since 26 June 1959.

Referring to the possibility offered by paragraph 3 of article I of the Convention, France declared that it will apply the Convention on the basis of reciprocity, to the recognition and enforcement of awards made only in the territory of another contracting state. Referring to paragraphs 1 and 2 of article X of the Convention, France declared that this Convention will extend to all the territories of France.

France is also a contracting party to:

  1. the Geneva Protocol on the enforcement of arbitration clauses of 1923;

  2. the Geneva Convention of 21 April 1961 on international arbitration;

  3. the Washington Convention of 1965 on the settlement of

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