France - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Eric Boryzewicz

Jean-Dominique Touraille

Page Count:

35 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

France

Practice Areas:

Public Policy Favoring Arbitration,

Appeal to Arbitral Tribunal and Annulment,

Formal Requirements,

Contents of Arbitration Agreement

Author Detail:

Jean-Dominique Touraille is a Partner in Baker & McKenzie’s Paris office and leads the office’s Litigation & Arbitration Practice Group. He regularly delivers presentations on various subjects related to his area of practice, which includes distribution, product liability and post-acquisition disputes. He is actively involved in cases relating to ICC arbitration and in enforcement measures in the French legal system.

Eric Borysewicz is a Partner in Baker & McKenzie’s Paris office and a member of the Litigation and Arbitration Practice Group in Paris. He represents clients in international arbitrations under ICC rules and other arbitration institutions. He focuses his practice on risk management issues, advising clients on major litigations involving industrial and infrastructure projects. He also assists clients in drafting and negotiating complex industrial and infrastructure project agreements, as well as in renegotiating existing agreements following an unforeseen change in circumstances.

PDF138.93 KB

$40.00

Description:

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

Preview Page

FRANCE
Jean-Dominique Touraille and Eric Borysewicz

A. LEGISLATION, TRENDS AND TENDENCIES

On 13 January 2011, France issued a new decree amending its arbitration law. By codifying well-established French case law, the new law has significantly enhanced the accessibility of French arbitration law for foreign users. 3

Thirty years have passed since the decrees of 1981, which at the time were considered a modern framework for arbitration. These decrees contributed to making Paris one of the world’s most favored seats for international arbitration. Nevertheless, the time had come for these laws to reflect the significant contribution of the French courts, which had maintained France’s long-standing

Table of Contents:

FRANCE
Jean-Dominique Touraille and Eric Borysewicz

A. Legislation, Trends and Tendencies
B. Cases
B.1 A Non-Signatory to Arbitration Agreement May Be Considered a Party to That Agreement If It Acts in a Manner Consistent with Being a Party
B.2 An Arbitral Award Does Not Violate Due Process or International Public Policy If, during Arbitral Proceedings, the Tribunal Has Been Shown Classified Documents, So Long As the Tribunal Does Not Base Its Decision on Such Documents
B.3 A Domestic Arbitral Award Rendered Abroad and Set Aside May Still Be Enforced in France
B.4 The Party Claiming Absence of Fair Deliberations Must Overcome a Presumption of Fair Deliberations between Arbitrators
B.5 When a Party Delegates to a Third Party Its Rights and Duties under a Contract Containing an Arbitration Clause, the Third Party Will Be Bound If It Has Knowledge of the Arbitration Clause and has Participated in the Performance of the Contract
B.6 An Arbitrator Must Disclose Having Worked in the Same Firm as a Party’s Counsel, but Being a “Facebook Friend” with Counsel Did Not Give Rise to a Reasonable Doubt as to the Arbitrator’s Independence
B.7 Arbitrators Are Expected to Provide Parties with Statements of Independence When Requested
B.8 The Allocation of Interest Is Considered an Issue Pertaining to the Performance of an Agreement
B.9 Tort Actions against Arbitrators Are Not Covered by the Arbitration Clause under Which They Were Appointed
B.10 A Party Is Estopped from Challenging a State Court’s Jurisdiction If It Has Already Waived Its Rights under the Arbitration Clause
B.11 A Partner in a Company Can Be Deemed to Have Validly Agreed to an Arbitration Clause Found in the Company’s Bylaws
B.12 Arbitrators Have a Duty to Disclose Factual Circumstances Involving Firms to Which They Belong and Parties May Still Seek to Set Aside the Award despite Not Having Challenged the Arbitrator during the Proceedings
B.13 The Conseil Contitutionnel Does Not Have Jurisdiction to Rule on a Preliminary Question of Constitutionality From an Arbitral Tribunal
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy