Is there any major consideration to take into account when selecting the seat of arbitration?
Yes. The key word is: anticipate. It is essential to give the contracting parties the security of a legal system that will ensure the enforceability of their award, avoiding expensive litigation about their arbitration while nevertheless ensuring that effective recourse is available in the event of procedural difficulties or irregularities. The principle under French law is that annulment of an award is possible only for specific and serious problems. French court procedures allow these actions to be heard quickly and inexpensively. On the contrary, in some other seats, it is possible to appeal arbitral awards on points of law, and annulment actions can be drawn-out and expensive affairs.
- 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?
- 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?
- 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?