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AN ATTRACTIVE VENUE |
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France has always been a popular venue for international
arbitration. ICC statistics—generally thought to be representative of
international arbitration as a whole—show that France as a place for
international arbitration has lost none of its appeal. Over the past five years
(1996-2000), out of a total of 2421 new arbitrations filed with the ICC,
France was by far the most popular seat with 492 arbitrations, compared
to 378 in Switzerland, 222 in the United Kingdom and 178 in the United
States.
With such a large share
of international arbitrations being conducted in France, it is not surprising that arbitration
in France has taken on a very international flavor. Indeed, many of the
arbitrations held in France are conducted by lawyers of various nationalities, based
in Paris or elsewhere, before arbitrators of still different nationalities and
places of residence, and in languages other than French—mostly but not
exclusively English. Typically, some discovery is allowed—although depositions are
rare—and witnesses are examined as they would be in common law proceedings. The
fact that these techniques are not generally available before French courts
does not deter arbitrators, irrespective of their own legal backgrounds, from
routinely using such means of gathering evidence.
The transnational
character of international arbitration in France results from the convergence of
several important factors. The foremost of these is the strong pro-arbitration
bias of French law on arbitration. France’s 1981 Decree on international
arbitration was one of the first modern arbitration laws, and even today remains
more progressive than subsequent arbitration legislation in most other
countries.
The French courts have also played an important role
in encouraging international arbitration in France by establishing a
solid tradition of judicial non-interference in the arbitral process. Provided
there is a prima facie arbitration agreement, French courts will insist, if need
be, in the establishment of the arbitral tribunal and leave it to the arbitrators to
determine the existence and extent of their jurisdiction. No court interference
whatsoever will occur during the course of the arbitral process. At the action
to set aside or enforcement stage, the award will be scrutinized only by reference
to five limited grounds, all of which are narrowly construed.
Lastly,
the existence of a longstanding and very active international legal community,
as well as the location of the ICC headquarters in Paris since 1923,
significantly contributed to the development of a strong international
arbitration practice in France.
Paris, January 1,
2002
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