CHAPTER 15 - France - Interim Measures in International Arbitration
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Originally from: Interim Measures in International Arbitration
RELIEF PROVIDED BY COURTS
1. (a) Are courts authorized to issue orders of attachment,
injunctions or other provisional orders with respect to
• Before the Constitution of the Arbitral Tribunal
According to Article 1449 of the French Code of Civil Procedure
(the CCP), as adopted further to the 13 January 2011 Decree on
arbitration, which is applicable to domestic and international arbitration,
“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
The Report to the Prime Minister issued on 14 January 2011, prior
to the adoption of the 13 January 2011 Decree, provides that Article
1449 “confirms the established case law, according to which the parties
may refer to the state courts on the basis of Article 145 and, in any case
of urgency, apply to obtain provisional or conservatory measures”.
Such case law provides that, before the constitution of the arbitral
tribunal, courts may order provisional and conservatory measures,
subject to the condition of urgency (CA Paris, 14e ch. B, 17 Nov.
2006, Rev. arb., 2006.1085).
Courts may also order on a provisional basis the payment of a
certain amount of money when the claim appears manifestly grounded
(Art. 809 para. 2 CCP). Such measures, as other provisional measures in
presence of an arbitration agreement, may only be ordered before the
constitution of the arbitral tribunal (Cass. civ. 2e, 18 June 1986, Rev.
arb., 1986.565, note G. Couchez; Cass. civ 2e, 20 March 1989 and Cass.