The SNF v. International Chamber of Commerce Case and the Obligation to Conduct Arbitration Proceedings with "Expected Dispatch" - Chapter 4 - International Arbitration and Public Policy

Author(s):

Elie Kleiman

Page Count:

44 pages

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Published:

October, 2014

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This article was first published in 2009 in the Stockholm
International Arbitration Review.2 Since 2009, the French law on

arbitration has been reformed by the Decree of 13 January 2011 (the

Decree) and the International Chamber of Commerce (ICC) has revealed

a new set of rules on 12 September 2011 (the 2012 ICC Rules). This

publication is therefore the occasion to show how those developments

have impacted the issues raised by the decision commented herein.

* * *

“Back in the days of the French revolution, at the end of the 18th

century, a tortoise was going its nonchalant way in a gallery of the

former Royal palace of Saint-Louis. There, the slow-moving quadruped

bumped into a judge…” The above should not be mistaken for the

introduction of some obscure, forgotten French fable. Any visitors to the

former palace of King Saint-Louis, now the Court House of the City of

Paris, may check for themselves: in the “Salle des Pas-Perdus” next to

the statue of the famous advocate and lawmaker Berryer, there sits, set in

marble, a tortoise. On the back of the tortoise lays the foot of a young

woman, the allegory of Justice, in representation of the slowness of the

judicial system.

The relationship between time and justice has many faces to it. If the

dispatch of justice is only one of them, surely it is not the least important.