Does France have its own “idea” of what international arbitration means?
Yes. The concept of international arbitration varies from country to country. Under French law, article 1504 of the Civil Procedure Code provides that “arbitration is international if it implicates interests of international commerce”. As a result, and independently from any other criteria – such as the parties’ nationality, residence or corporate headquarters, the place of the arbitration, or the applicable law – French law will consider an arbitration to be international as long as it relates to an economic operation that involves the international movement of goods or services or involves an international payment.
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?
- In choosing Paris as my seat of arbitration, do I guarantee the independence of my arbitrators?
- 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?
- Is Paris a leading venue in terms of the number of arbitrations held over recent years?
- Is Paris a well-regarded seat of arbitration?