Arbitration in France

November 16, 2018

What legislation applies to arbitration in your jurisdiction?

The developments discussed below concern international arbitration only.French arbitration law was codified in 2011. The main source of legislation on arbitration is Book IV of the Code of Civil Procedure. Title I deals with domestic arbitration, while Title II relates to international arbitration. Many provisions contained in Title I apply equally to international arbitration by virtue of Article 1506 of the code. Pursuant to Article 1504, an arbitration is international “when international trade interests are at stake” – that is, where the economic operation at stake involves a transfer of goods, money or know-how beyond borders, irrespective of the nationality of the parties, the applicable law or the location of the seat of the arbitration.Other provisions relating to arbitration are scattered across the Civil Code (Articles 2059-2061), the Commercial Code (Articles L.721-3 and L.721-5) and other codes (eg, Article L.311-6 of the Code of Administrative Justice and Article L.615-17 of the IP Code). 

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