After thirty years of the previous regime (Decrees of 1980 and 1981), by Decree No. 2011-48 of January 13, 2011, France has introduced a modernizing reform in arbitration, amending Book IV of the Civil Procedure Code (arts 1442-1527). The new law strengthens the autonomy of the jurisdiction of arbitration, mitigates formalism, simplifies and improves the efficiency of the procedure, facilitates the enforcement of awards and the intervention of the judge of support.
The Decree, confirms the dual system approach of French law and takes into account the specificity of international arbitration, which requires special ductility. It recognizes the principle that legality must be examined based on the rules applicable in the country where recognition and enforcement are requested.
In the spirit of international arbitration, the French legislator tries to facilitate both access to arbitration as the effectiveness of the award. On the one hand, it liberalizes the arbitration agreement, which will not be subject to any formal requirement. Furthermore, following Swiss and Belgian precedents, it allows the waiver of the annulment motion at any time against international awards rendered in France.
Other attractive innovations have been introduced such as the estoppel, it recognizes universal jurisdiction to the French courts in cases where a party is denied justice in international arbitration but has no connection with France; the arbitral Tribunal must apply rules of law chosen by the parties and, failing, as are appropriate. It should also take into account the usages of trade and some others.
The new Decree reaffirms and highlights the importance of France in the world of international arbitration increasing the accessibility of French arbitration to foreign users.
Iurgium [previously Spain Arbitration Review]