William Kirtley and Zuzana Vysudilova recently published a 2019 guide on French arbitration law. The guide on arbitration in France was published by Law Business Research 2019, in its Getting the Deal Through series, and it is available below.
Many arbitrations have their seat in France, which has a modern arbitration law and is the home to the International Chamber of Commerce, the most prominent arbitral institution in the world.
French arbitration law has many particularities, notably with respect to issues of arbitrability, the group of companies doctrine, disclosure obligations of arbitrators, rules of evidence, interim measures and the challenging and enforcing of arbitral awards. These particularities are discussed in the guide to French arbitration law.
The 2019 guide on French arbitration law also discusses recent developments in French jurisprudence, including the finding that the application of an arbitration agreement cannot be extended to obligations that do not result from the agreement in which it is included (Paris, 21 March 2018, No. 16/16091), the finding that a party who, knowingly and without just cause, refrains from invoking in good time an irregularity before the arbitral tribunal is deemed to have waived its use (Paris, 27 March 2018, No. 16/03596) and recent French jurisprudence regarding the enforcement of arbitral awards against States (Commisimpex, Cass, Civ 1, 10 January 2018, No. 16-22.494).
