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Increasingly, and to a greater degree than most national jurisdictions, France
encourages and favours private arbitration as the normal and usual method for
the resolution of disputes arising from international economic relations. In
this new edition of the standard English-language 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. Accordingly, the authors present the French
arbitral process as one entire system of dispute resolution, which consists of
various stages from the formation of the arbitration agreement to enforcement
of the award, without dividing the subject into the formally distinct parts of
domestic and international arbitration.
The new edition highlights such features of this dynamic body of arbitration
law as the following:
characterization of international arbitration by French courts;
cases which require decisions by a national court or authority;
cases where inarbitrability arises from protection of the weaker party to a
cases where the decision sought would infringe a general rule of public policy;
authority and duties of the arbitral tribunal;
rights, obligations and liabilities of arbitrators;
the time factor in the conduct of arbitral proceedings;
tender and reception of evidence;
substantive rules of law;
the immediate effect and consequences of the arbitral award;
order for enforcement of the award in France (exequatur);
contesting orders of the juge de l’exequatur;
grounds common to annulment of awards and refusal of enforcement;
enforceability of awards pending challenge;
enfocement of awards against states; and
relationship of French Law with the New York Convention, 1958.
At each stage the authors emphasize variations arising in international
arbitration. The presentation also takes account, with comments at relevant
points, of the influential 2006 Draft Reform of the Comité Français de
l’Arbitrage. A highly useful annex reprints relevant French legislation with
English translation, as well as the texts of major international arbitration
conventions and an extensive bibliography.
The objective of the book is to present a modern and efficient arbitration
system, not only to readers who are encountering it for the first time, but
also to those who, although well-versed in it, might benefit from a text in
English, with the comparisons to common law provisions such an undertaking
entails. Any practitioner or academic interested in the field of international
arbitration and the enforcement of foreign awards will welcome this very
useful and informative work.
Introduction. Part I: The Concept and Scope of Arbitration: The
Nature of Arbitration in French Law. 1. A Brief Survey of the History of
Arbitration in France. 2. French Arbitration Law Today and its Sources.
3. What Is Arbitration in French Law? Part II: The Arbitral Process. 1.
Institution of Arbitral Proceedings. 2. Arbitral Proceedings. 3.
Arbitrators and the Law. Part III: Arbitral Awards: Their Essential
Features and Effect; Enforcement by the Courts; Challenges. 1. Making an
Arbitral Award: Its Characteristics and Legal Effect. 2. Challenge of
Arbitral Awards in French Cours d’Appel. Part IV: Satisfaction of
Awards by Processes of Execution: Enforcement of Awards against the French
State or Foreign States. 1. Enforcement of Awards against the French State
or French Public Law Bodies. 2. Enforcement in France of Awards against
Foreign States and Entities under their Control. Annexes: 1. Extracts
from the French Civil Code. 2. Extracts from the Code of Civil
Procedure (Articles 1442–1507). 3. Extracts from the Code of
Civil Procedure (Basic Principles for the Conduct of Litigation). 4.
The Convention on the Execution of Foreign Arbitral Awards (The Geneva
Convention, 1927). 5. The Convention on the Recognition and Enforcement
of Foreign Arbitral Awards (The New York Convention, 1958). 6. The
European Convention on International Commercial Arbitration (The European
Convention Geneva, 1961). 7. Bibliography. 8. Index.