Interim remedies granted by arbitral tribunals seated in France
Produced in partnership with Xavier Nyssen, partner, and Emile Hu, associate, international arbitration, Dechert LLP

The following Arbitration practice note produced in partnership with Xavier Nyssen, partner, and Emile Hu, associate, international arbitration, Dechert LLP provides comprehensive and up to date legal information covering:

  • Interim remedies granted by arbitral tribunals seated in France
  • Powers of arbitral tribunals seated in France to grant interim remedies
  • Types of interim remedies ordered by arbitral tribunals seated in France in support of arbitration
  • Enforcement of arbitral tribunals’ orders

Interim remedies granted by arbitral tribunals seated in France

This Practice Note sets out the interim remedies available to arbitral tribunals seated in France. For guidance on interim remedies available from French courts in support of arbitration, see Practice Note: Interim remedies granted by French courts in support of arbitration.

Powers of arbitral tribunals seated in France to grant interim remedies

Under French law, arbitral tribunals may order any conservatory or provisional measures they deem appropriate.

An arbitral tribunal’s power to issue interim or conservatory measures also arguably lies in its jurisdiction to decide on the merits of a dispute. It is generally accepted that in granting an arbitral tribunal the power to decide a dispute between them, parties invest the tribunal with the inherent power to issue interim and conservatory measures related to the dispute.

This power is, however, limited by the exclusion of conservatory attachments and judicial securities for a claim, which can only be ordered by the courts, as provided under Article 1468 of the French Code of Civil

Popular documents