Challenging and appealing arbitral awards in France
Produced in partnership with Agathe Fortin of Dechert and Xavier Nyssen of Dechert
Challenging and appealing arbitral awards in France

The following Arbitration practice note produced in partnership with Agathe Fortin of Dechert and Xavier Nyssen of Dechert provides comprehensive and up to date legal information covering:

  • Challenging and appealing arbitral awards in France
  • French legal framework
  • Setting aside international and domestic arbitral awards
  • Definitions of domestic and international awards
  • General remarks about setting aside domestic and international awards
  • Setting aside an international award
  • Scope of the French Conseil d’Etat’s review of international awards arising from public contracts
  • Setting aside a domestic award
  • Appeals against domestic arbitral awards
  • General remarks about appealing domestic arbitral awards
  • More...

In France, there are possibilities for setting aside both domestic and international arbitral awards but only domestic awards are subject to appeal.

Note: the French cases referred to below are not reported by LexisNexis® UK.

French legal framework

France is a well-known arbitration-friendly jurisdiction, and as such, conditions for challenging arbitral awards are particularly restrictive.

The relevant legal framework is found in the Decree No. 2011–48 of 13 January 2011 and incorporated in Book IV of the French Code of Civil Procedure (CCP).

The legal regimes applicable to domestic and international arbitral awards are different. Both types of arbitral award may be set aside on limited grounds, but only domestic arbitral awards may be subject to appeals. Other forms of recourse against arbitral awards are also available under certain conditions.

Setting aside international and domestic arbitral awards

All awards rendered in France, whether they are of an international or domestic nature, may be set aside (‘recours en annulation’) before the court of appeal of the jurisdiction where the award was rendered.

The action to set aside may be lodged, as soon as the award has been rendered, and up to one month following notification of the award. An award, whether domestic or international, is served in the same way as a court judgment (CCP, Article 675 et seq.) (‘signification’), unless the parties otherwise agree (CCP, Articles 1484 and 1519). However, the

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