Chapter

Part II Country Reports, 8 France

Emmanuel Gaillard and Coralie Darrigade

in Practitioner's Handbook on International Commercial Arbitration

Third edition

Published in print March 2019 | ISBN: 9780198784807
| DOI: https://dx.doi.org/10.1093/law/9780198784807.003.0008
Part II Country Reports, 8 France

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This chapter discusses the arbitration system of France. It first provides a historical background on France’s arbitration law and an overview of the current status of the law before explaining the distinction between national and international arbitration as well as the practice of arbitration in the country. It then considers the jurisdiction of the arbitral tribunal, with particular emphasis on the arbitration agreement itself, the issue of arbitrability in the context of international arbitration, and the constitution of the arbitral tribunal (eg, number and qualification of arbitrators, appointment of arbitrators). The arbitral procedure is also examined, along with the process of rendering the arbitral award, costs of the arbitration, and the question of liability of arbitrators. The chapter concludes with an analysis of enforcement rules for national awards versus foreign awards in France.

Chapter.  53 pages.  31118 words. 

Subjects: Law

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