Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015

A. LEGISLATION, TRENDS AND TENDENCIES

International arbitration in France is governed by the Decree of January 13, 2011 that came into force on May 1, 2011 (“the Decree”), which introduced Articles 1504 to 1524 into the French Code of Civil Procedure. No legislative changes were made to these provisions in 2014. The courts are applying these provisions with a view to increasing the effectiveness of international arbitration as regards both awards rendered in France and international awards rendered abroad. France is thus generally considered as one of the most arbitration-friendly forums in the world. Arbitration is widely recognized in France as the standard dispute resolution mechanism in international trade and commerce.

B. CASES

B.1 Award May Be Set Aside for Non-Disclosure by an Arbitrator

Two recent rulings by the Paris Court of Appeal and the French Supreme Court, Cour de Cassation, have clarified the extent of the arbitrators’ and parties’ duties when they become aware of circumstances likely to raise a reasonable doubt as to the arbitrator’s independence and impartiality.