Interim remedies granted by French courts in support of arbitration
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 French courts in support of arbitration
  • Powers of the French courts to grant interim remedies in support of arbitration
  • Types of interim remedies ordered by French courts in support of arbitration
  • Before the arbitral tribunal is constituted
  • Once the arbitral tribunal is constituted
  • Before and after the arbitral tribunal is constituted
  • Anti-suit injunctions

Interim remedies granted by French courts in support of arbitration

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

Powers of the French courts to grant interim remedies in support of arbitration

The powers of the French courts to grant interim measures in support of international and domestic arbitrations seated at home or abroad, are set out in Articles 1449 and 1468 of the French Code of Civil Procedure (CCP).

French courts have recognised that the existence of an arbitration agreement is not, in and of itself, an obstacle for parties to apply for interim remedies before French courts (Société Le Panorama v Simt, Cass. 3rd Civ., 20 December 1982; Société Léon Grosse v Société Schwind, Cass. 1st Civ., 6 December 2005). French case law states that such an application does not amount to a waiver of the arbitration agreement (Société Akzo Nobel v SA Elf Atochem, Court of Appeal of Versailles, 8 October 1998).

CCP, Art 1449 states that 'the existence of an arbitration agreement, insofar as the arbitral tribunal has not yet been constituted, shall not preclude a party from applying to a court for measures relating to the taking of evidence or provisional or

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