France, Freshfields Bruckhaus Deringer LLP updates

Arbitration & ADR

Contributed by Freshfields Bruckhaus Deringer LLP
Paris Court of Appeal confirms expansive scope of Article 1466 of Code of Civil Procedure
  • France
  • 08 August 2019

The Paris Court of Appeal recently clarified the scope of application of Article 1466 of the Code of Civil Procedure and for the first time confirmed that Article 1466 can also limit a party's ability to seek annulment based on a variety of arguments, whether relating to procedural irregularities or otherwise, that could have been raised in the arbitration.

French court rules that mandatory expert determination provisions do not render arbitration clauses inapplicable
  • France
  • 16 May 2019

The Court of Cassation recently confirmed the quasi-absolute priority given to arbitral tribunals to determine questions relating to their jurisdiction, even when this involves rules of French public order. Although this is well established in French case law, it is the first time that the court has upheld an arbitration clause that conferred on a tribunal the statutory power to value shares in lieu of a party-appointed or judicially appointed expert.

Paris Court of Appeal may revisit definition of 'investment' under Energy Charter Treaty
  • France
  • 31 January 2019

The US District Court for the District of Columbia recently lifted a stay of proceedings to confirm an award issued by an ad hoc tribunal in Paris under the Energy Charter Treaty. The district court noted that the French Court of Cassation had overturned a decision of the Paris Court of Appeal setting aside the award. This article revisits the relevant facts and issues that gave rise to the setting aside of the award in France, and the subsequent reversal at the highest instance.

Paris Court of Appeal exerts power to review allegations of corruption during enforcement proceedings
  • France
  • 08 November 2018

Consistent with France's reputation as a pro-arbitration jurisdiction, the French civil courts' review of arbitral awards on grounds of public policy is traditionally limited in terms of both standard and content. However, in recent years, the scope of the courts' review in this regard has been tested in certain Paris Court of Appeal decisions which reviewed the underlying evidence rather than the arbitral tribunal's own determinations in the relevant award.

Arbitrators' duty of disclosure
  • France
  • 04 January 2018

Parties' ability to choose their arbitrators remains one of the most frequently mentioned advantages of arbitration over litigation. However, this freedom makes sense only if it preserves the overarching duties of arbitrators and judges alike – that is, the duty to be and remain independent and impartial from the parties.


Current search