France - Baker & McKenzie International Arbitration Yearbook: 2010-2011

Eric Borysewicz is a Partner in the Paris office of Baker & McKenzie. He represents clients in dispute resolution proceedings before state jurisdictions, as well as in domestic and international arbitrations under the ICC Rules and other arbitration institutions. Before joining the Firm, Mr. Borysewicz was the Managing Partner of the Dispute Resolution/International Arbitration Practice of Courtois Lebel.

Jean-Pierre Harb is a Partner in the Paris office of Baker & McKenzie. He practices in the areas of international commercial arbitration, construction law and alternative dispute resolution, and has significant experience working in jurisdictions beyond France, including China, Saudi Arabia and Greece. Mr. Harb is a member of the International Arbitration Practice Group of the Firm’s Global Dispute Resolution Practice Group.

Christophe Lobier is an Associate in the Paris office of Baker & McKenzie, and a member of the International Arbitration Group of the Firm’s Global Dispute Resolution Practice Group.

PDF190.18 KB

$40.00

Description:

Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011

A. FRENCH LEGISLATION

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.

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 tradition of an innovative and arbitration-friendly approach under new and evolving circumstances.

Table of Contents:

A. French Legislation B. French Case Law B.1 Mandatory Public Policy Issues Do Not Affect the Jurisdiction of Arbitral Tribunals B.2 Conditions for the Renouncement of the Arbitration Agreement and the Impact of Confidentiality on the Arbitrability of the Dispute B.3 State Courts May Set Aside an Award in Case of Fraud during the Arbitral Proceedings B.4 Basing an Award on Legal Concepts Not Raised by the Parties Amounts to Breach of Due Process B.5 A Party That Refused to Take Part in Arbitration Proceedings May Still Seek to Set Aside the Resulting Award B.6 French Courts May Not Order a Stay in Ongoing Arbitral Proceedings B.7 The ICC’s Refusal to Administer a Case Is Insufficient to Render the Arbitration Clause Void B.8 The French Supreme Court Defines the Concept of Estoppel B.9 French Administrative and Civil Courts Share Jurisdiction over Set Aside Proceedings B.10 Violation of the European Convention on Human Rights Becomes Ground for Annulment under French Law B.11 Res Judicata Is a Question of Admissibility, Not a Ground for Setting Aside an Award C. Insolvency Issues in Arbitration C.1 “Non-Arbitrable Disputes” C.2 Arbitrable Disputes