In choosing Paris as my seat of arbitration, do I guarantee the independence of my arbitrators?
Yes. The French courts are particularly sensitive to the independence of all arbitrators who participate in your arbitration. An arbitrator is a private person chosen by the parties, by an appointing authority (such as an arbitration institution) or, if necessary, by the court to make a decision in the dispute submitted by the parties. Some national laws require that the arbitrator be a lawyer or impose other limits on parties’ ability to choose their arbitrator – possibly even invalidating an entire arbitration because of contractually agreed restrictions as to who can sit as an arbitrator. Under French law, however, the only limitations as to who can serve as an arbitrator are the contractual limits set by the parties – of course along with the requirement that the arbitrator be independent and impartial.
FAQ
- Will I easily find interpreters and court reporters in Paris to assist me during my arbitration?
- How often will I have to travel to Paris during the arbitral procedure?
- Is there any major consideration to take into account when selecting the seat of arbitration?
- Can I select Paris as the seat for an ad hoc arbitration?
- Is Paris a good choice of seat for institutional arbitrations?
- Does the law applicable to the contract usually determine the seat of the arbitration?
- When I decide to hold an international arbitration in Paris, am I free to choose the language of the procedure and the law that will govern my contract?
- By holding my arbitration in Paris, am I obliged to conduct the arbitral proceedings with French arbitrators and lawyers?
- Is there any advantage to choosing Paris as the place of arbitration for an ICSID or other arbitration between a State and a private party?
- Can I easily find specialists in my field in Paris?
- Does France have its own “idea” of what international arbitration means?
- Is Paris a leading venue in terms of the number of arbitrations held over recent years?
- Is Paris a well-regarded seat of arbitration?