Arbitrating in France

Main Features/specific characteristics of the French regime

French law provides for different regimes for domestic and international arbitration. Arbitration is international “when international trade interests are at stake”, irrespective of the place of the seat (France or outside of France) or the nationality of the parties (Art. 1504 of the French Code of Civil Procedure, i.e. the “FCCP”). French courts adopt a broad conception of “international trade interests”. According to settled case law, international trade interests are involved when the transaction between the parties which gives rise to the dispute results in a transfer of goods, money or people across borders. The following discussion concerns only the regime for international arbitration.

Under the regime for international arbitration, arbitration agreements are not subject to any requirements as to their form (Art. 1507 FCCP)

The President of the Judicial Tribunal of Paris has jurisdiction to rule upon difficulties in the constitution of an arbitral tribunal  when the arbitration takes place in France, but also when the parties have agreed that French procedural law shall apply to the arbitration, when the parties have expressly granted jurisdiction to French courts over disputes relating to the arbitral procedure, or when one of the parties is exposed to a risk of denial of justice (even if the arbitration does not take place in France and if the parties did not agree to the application of French law or did not grant jurisdiction to French courts over disputes relating to the arbitral procedure). 

An application for the recognition in France of an arbitral award rendered either in Paris or outside of France is determined on an ex parte basis before the Judicial Tribunal of Paris and involves minimal scrutiny – a prima facie review – of the award in question. The decision granting recognition is subject to challenge before the Paris Court of Appeal, by way of an appeal if the tribunal issuing the award had its seat outside of France, or through setting aside proceedings where the award was rendered by an arbitral tribunal having a seat in Paris (thus ensuring the centralisation of the review of international arbitral awards (both those rendered in Paris and those rendered outside of France) before the Paris Court of Appeal). In contrast, setting aside proceedings are heard by the Paris Court of Appeal in the first instance.

Setting aside proceedings against an arbitral award rendered in France, as well as appeal proceedings against the decision granting recognition of an arbitral award rendered outside of France, do not suspend the award or automatically stay enforcement. As a matter of exception, enforcement may be either stayed, or be made subject to conditions imposed by the case management judge (conseiller de la mise en état) of the Court of Appeal (or by the first president of the latter when the case management judge has not been appointed yet), where it is demonstrated that enforcement could severely prejudice the rights of one of the parties (Art. 1526 FCCP)

The grounds for setting aside an arbitral award rendered in France in international arbitration matters or for successfully appealing a decision granting recognition of an arbitral award rendered outside of France are the same (see Art. 1520 and Art. 1525 FCCP) and are more limited than those provided for challenging awards rendered in domestic arbitrations or than those provided for in Article V of the New York convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The French conception of international arbitration, as endorsed by the French Court of Cassation in the Putrabali case, is that arbitrators are international judges and that international arbitration operates as an autonomous legal system. Consequently, it is settled case law in France that the setting aside of an arbitral award in another country does not affect the right of the interested party to request the recognition or enforcement of the award in France.

The Court of Appeal in recognition or setting aside proceedings assesses the arbitral tribunal’s jurisdiction (including the existence and validity of the underlying arbitration agreement) or the regularity of the constitution of the arbitral tribunal pursuant to material rules of international arbitration law (règles matérielles du droit de l’arbitrage international), in light of the parties’ intent, and not pursuant to any domestic law (including the law of the seat of the arbitration or any other law).

According to settled case law, the Court of Appeal assesses the arbitral tribunal’s jurisdiction and the alleged violation of (substantive) international public policy on a de novo basis, based on its own assessment of the facts and legal elements of the case that are before the Court, without being bound by the factual or legal findings of the arbitral tribunal.

If a party knowingly fails to object to an irregularity before the arbitral tribunal in a timely fashion, this party is deemed to have waived its right to avail itself of the irregularity in setting-aside proceedings or recognition proceedings (Art. 1466 FCCP), except the alleged violation of substantive public policy. 

An English translation prepared by the late Emmanuel Gaillard, and by Nanou Leleu-Knobil & Daniela Pellarini

FRENCH_LAW_ON_ARBITRATION.pdf

French Decree of 13 January 2011 reforming the law governing arbitration

Original version in French (Journal Officiel)

Decret_n_2011-48_du_13_janvier_2011_portant_reforme_de_l_arbitrage.pdf

Décret no 2011-48 du 13 janvier 2011 portant réforme de l’arbitrage

The Decree was codified by the French Code of civil procedure under Book IV (Art. 1442 to 1527 FCCP)

French Code of civil procedure under Book IV (Art. 1442 to 1527 FCCP)

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958 (New York Convention) (UNCITRAL | New York Convention Guide).
The New York Convention was ratified by France on 26 June 1959 without any declaration nor reservation.

French law is more favourable than the New York Convention, given that the setting aside of the award at the seat of the arbitration does not constitute a ground to refuse recognition of an award (as opposed to Art. V(1)(e) of the New York Convention) and French courts do not apply article VI of the Convention (thus refusing to stay recognition proceedings pending an action to set aside an award at the seat of the arbitration). In practice, this means that French court decisions do not often refer to provisions of the New York Convention (other than article VII(1)).

Washington Convention on the Settlement of Investment Disputes between States and Nationals of Other States (the ICSID Convention), 1965 (ICSID Convention).
The ISCID Convention entered into force for France on 20 September 1967.

List available here: https://investmentpolicy.unctad.org/international-investment-agreements/countries/72/france?type=bits

International Court of Arbitration (ICC) (2021 ICC Arbitration Rules).

International Arbitration Chamber of Paris (CAIP) (2022 CAIP Arbitration Rules ; and specific arbitration rules).

Paris Centre of Mediation and Arbitration (CMAP) (2022 CMAP Arbitration rules).

French Arbitration Association (AFA) (2017 AFA Arbitration Rules)

French Arbitration Centre for Reinsurance and Insurance (CEFAREA) (2019 CEFAREA Arbitration Rules)

Arbitral Maritime Chamber of Paris (CAMP) (2022 CAMP Arbitration rules)

Sport Arbitration Chamber (CAS) within the French National Olympic and Sports Committee (CNOSF) (2020 CAS Arbitration rules, available in  French only)

a. Court assistance in support of arbitral proceedings (juge d’appui):

The President of the Paris Judicial Tribunal (Tribunal judiciaire de Paris) is competent when the arbitration takes place in Paris, when the parties have agreed that French procedural law shall apply to arbitration or when parties have expressly granted jurisdiction to French courts over disputes relating to the arbitral proceedings or when it is feared that a party might face a denial of justice (Art. 1505 FCCP).

The juge d’appui is competent to settle certain difficulties which may arise from arbitration proceedings, and can thus act as an appointing authority, and also settle disputes relating to the challenge of the arbitral tribunal (Art. 1506 FCCP referring to Art. 1452 to 1457 FCCP and Art. 1463 FCCP).

The Paris Judicial Tribunal (Tribunal judiciaire de Paris) is competent to grant or deny the recognition of (i) an arbitral award rendered in Paris or (ii) an arbitral award rendered outside of France (Art. 1516 FCCP) (https://www.tribunal-de-paris.justice.fr/75).
(for international arbitration awards rendered in France but not in Paris, the competent judge will be the Judicial Tribunal of the place where the arbitral award was rendered)

The Paris Court of Appeal (Cour d’appel de Paris) is competent when the order granting or denying recognition of an arbitral award (rendered in Paris or rendered outside of France) is challenged (Articles 1523-1525 FCCP).

The case is heard by the International Commercial Chamber at the Paris Court of Appeal (ICCP-CA), a chamber of the Paris Court of Appeal which was created in 2018 and is specialised in disputes relating to international business litigation and arbitration.

Parties may opt for the application of the Protocol relating to Procedural Rules Applicable to the International Chamber of the Court of Appeal of Paris, which provides an in-depth case management procedure to ensure greater foreseeability as to pre-hearing procedural steps and providing greater opportunities for oral pleadings, allowing lawyers to take an active part in case management.

c. Challenge | Setting aside of an arbitral award:

The Paris Court of Appeal (Cour d’appel de Paris) is competent when an arbitral award was rendered by a tribunal having a seat in Paris (Art. 1519 FCCP). The setting aside application will be determined by the ICCP-CA, and parties may opt for the application for the Protocol relating to Procedural Rules Applicable to the International Chamber of the Court of Appeal of Paris (see above).

(for international arbitration awards rendered in France but not in Paris, the Court of Appeal of the place where the award is rendered is competent)

Interpretation and correction (before the arbitral tribunal) (Art. 1485 FCCP (paras. 1 and 2) and Art. 1486 FCCP).

Revision for fraud or other reasons (before the arbitral tribunal) (Art. 1502 FCCP (paras. 1 and 2))

Recognition & Enforcement (Art. 1514 to 1517 FCCP).

Third party challenges (tierce opposition) against an award rendered in France are not possible under the regime applicable to international arbitrations (Art. 1501 FCCP, 1518 FCCP).

Interpretation and correction (before the arbitral tribunal) (Art. 1485 FCCP (paras. 1 and 2) and Art. 1486 FCCP)

Revision for fraud or other reasons (before the arbitral tribunal) (Art. 1502 FCCP (paras. 1 and 2)).

Third party challenges (tierce opposition) against an order recognising a foreign award are possible

France / 21 December 2023 / France, Tribunal judiciaire de Paris / Claimant v. Société Civile des Mousquetaires / 23/58034

France / 21 December 2023 / France, Cour d’appel d’Amiens / André Laboulet v. Phycomat / 14/00334

France / 19 December 2023 / France, Cour d’appel de Paris / Güriş v. Libya / 22/03773

France / 15 December 2023 / France, Tribunal judiciaire de Paris / ACPV Architects v. La Voile d'Or / 23/57974

France / 14 December 2023 / France, Cour d’appel de Paris / Hilton v. Respondent / 23/10082

World Bank Group Paris Conference Centre (for ICSID hearings).

ICC Hearing Centre (opening announced for 2024).

Paris Arbitration Centre by Delos (PAC) (opening announced for February 2024) (Paris Arbitration Centre | By Delos (pac-delosdr.org)).

Benjamin Siino, Founding Partner, Gaillard Banifatemi Shelbaya Disputes

François Bordes, Senior Associate, Gaillard Banifatemi Shelbaya Disputes

Access your account to edit your personal information on your profile page

Your profile must be validated by IAI, you will receive an email to notify you about your account’s status.If you want to apply to IAI, please start by sending your candidature to