Arbitration in France
Law and Practice
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 January 2042
- ISBN 9780199676323
- Binding Hardback
- No. of pages560 pages
- Size 246x171 mm
- Language English 0
Categories
Short description:
This is a treatise and commentary on French arbitration law including the updates brought in by the 2011 Decree. It follows the logical structure of the new decree itself, providing detailed analysis of both domestic and international arbitration law conducted under French arbitral procedure.
MoreLong description:
This is a much-needed reference work providing practitioners and academics with a detailed commentary on and analysis of the French Arbitration law and its application. After thirty years of case law on Book IV of the French Civil Procedure Code, one of the aims of the 2011 decree is to codify these decisions and render French law on arbitration even more readily accessible to foreign practitioners, which is in tune with the aim of this book. The guide covers both domestic and international arbitration, and provides the reader with a thorough analysis of the Decree's logic and objectives alongside an examination of pre-existing case law that remains relevant. The opening section introduces the history of arbitration in France; the legal theory, legislative policies, and sources of arbitration law in France; and the boundaries of arbitration, or arbitrability. The book then follows the structure of the 2011 Decree itself, making it easily accessible to the practitioner.
The dualist approach, maintained in the new decree, which distinguishes between the procedure for domestic and international arbitration will continue to maintain the arbitration-friendly environment for which France is well-known. French arbitration law applies, to a greater or lesser extent, every time parties choose Paris as a seat of an ICC arbitration. It is also mandatory when parties from such an arbitration attempt to have the award set aside by the French courts, or where parties from anywhere in the world want to enforce an awards relating to assets on French territory in France. It is therefore of vital importance to any international practitioner and this book will make an indispensable companion to any practice in this area.
Table of Contents:
I Arbitration in France
History
Legal Theory and Legislative Policies
Clarifying Key Concepts
The Boundaries of Arbitration: Arbitrability
II Domestic Arbitration
Arbitration Agreements (Art.1442-1449)
The Arbitral Tribunal (Art.1450-1461)
The proceedings before the arbitral tribunal (Art.1462-1477)
The arbitral award (Art.1478-1486)
Exequatur (Art.1487-1488)
Challenges (Voies de recours) (Art.1489-1503)
III International Arbitration (Treatise and Commentary Article by Article)
Defining "International " Arbitration (Art.1504)
The Juge d'appui (Art.1505)
The Relationships between Domestic and International Regimes (Art.1506)
Arbitration Agreements (Art.1507-1508)
Arbitral Proceedings and Awards (Art.1509-1513)
Recognition and Enforcement of Arbitral Awards Made Abroad or in France in International Matters (Art.1514-1517)
Challenges (Voies de recours) (Art.1518-1527)
IV Involvement of a State or of a Public Entity in French Arbitration Law
Involvement's Impact on Arbitrability
Involvement's Impact on Applicable Law (Procedure and Merits)
Involvement's Impact on Recognition and Enforcement of Awards
V International ICSID and Investment Arbitration in French Arbitration Law
ICSID arbitration as a self-contained system: Principle and Exceptions
OthAd hoc or Treaty-Based Investment Arbitration
